remanded
EB-2 NIW
remanded EB-2 NIW Case: Electrical Engineering
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Decision Summary
The appeal was remanded because the Director improperly considered the petitioner's prior nonimmigrant visa refusals under a security-related ground as a factor in the National Interest Waiver analysis. The AAO determined that inadmissibility is beyond the scope of an I-140 petition adjudication and instructed the Director to re-evaluate the case based solely on the merits of the Dhanasar framework.
Criteria Discussed
Substantial Merit And National Importance Well Positioned To Advance The Proposed Endeavor Beneficial To The U.S. To Waive Job Offer/Labor Certification
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