remanded EB-2 NIW Case: 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.
Criteria Discussed
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