remanded
EB-2 NIW
remanded EB-2 NIW Case: Electrical Engineering
Decision Summary
The director's decision was withdrawn and the case was remanded because the director applied an incorrect legal standard. The director improperly focused on the 'urgency' of the petitioner's case and whether the national interest would be 'harmed' by the labor certification process, rather than the correct standard which is to evaluate the petitioner's past record of achievement to project future benefit to the national interest.
Criteria Discussed
Substantial Intrinsic Merit National In Scope Serve The National Interest To A Substantially Greater Degree Than U.S. Worker Past Record Justifies Projections Of Future Benefit
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