Remanded
EB-2 NIW
EB-2 NIW Remanded โ Distance Education And It (2023): the Director's decision was procedurally flawed
Filing your own EB-2 NIW? See how your CV maps to the criteria this decision turned on โ free strategy preview.
Decision Summary
The appeal was remanded because the Director's decision was procedurally flawed. The Director denied the petition after finding the petitioner did not establish 'exceptional ability' but failed to first analyze the alternative basis for EB-2 eligibility, which is being a 'member of the professions holding an advanced degree'. The case was sent back for a new decision consistent with the proper analytical framework.
See how a decision like this gets cited in an EB-2 NIW petition →Criteria Discussed
Exceptional Ability Advanced Degree Professional Ten Years Of Experience License Or Certification High Salary Or Remuneration Dhanasar Framework
๐ Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Filing your own EB-2 NIW? See where you stand.
Upload your CV and see how your profile maps to USCIS criteria โ free strategy preview, no credit card.
Map Your CV to These Criteria โNo credit card required.