Remanded
EB-2 NIW
EB-2 NIW Remanded — Electrical Engineering (2019): the Director improperly considered the petitioner's prior
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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.
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Substantial Merit And National Importance Well Positioned To Advance The Proposed Endeavor Beneficial To The U.S. To Waive Job Offer/Labor Certification
📄 Original decision (USCIS PDF)
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