remanded EB-2 NIW Case: Customs And Trade
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Decision Summary
The appeal was remanded because the Director erred in finding the petitioner qualified for the underlying EB-2 classification as an advanced degree professional. The AAO found the petitioner failed to prove their foreign degrees were equivalent to a U.S. advanced degree or a bachelor's degree plus five years of experience. The case was remanded for a new decision to properly assess both prongs of EB-2 eligibility (advanced degree and exceptional ability) before considering the national interest waiver.
Criteria Discussed
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