Remanded EB-2 NIW

EB-2 NIW Remanded โ€” Distance Education And It (2023): the Director's decision was procedurally flawed

๐Ÿ“… 2023-04-04 ๐Ÿ‘ค Individual ๐Ÿ“‚ Distance Education And It

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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.

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Criteria Discussed

Exceptional Ability Advanced Degree Professional Ten Years Of Experience License Or Certification High Salary Or Remuneration Dhanasar Framework
๐Ÿ“„ Original decision (USCIS PDF)

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