remanded
EB-2 NIW
remanded EB-2 NIW Case: Electrical Engineering
Decision Summary
The decision was remanded because the director applied an incorrect legal standard, focusing on the urgency of the petitioner's immigration and potential harm to the U.S. if the labor certification process was followed. The AAO instructed the director to withdraw the decision and re-evaluate the case based on the proper standard, which is to assess the petitioner's past record of achievements to determine if they justify projections of future benefit to the national interest.
Criteria Discussed
Substantial Intrinsic Merit National In Scope Serving The National Interest To A Substantially Greater Degree Than A U.S. Worker Past Record Justifying Projections Of Future Benefit Influence On The Field As A Whole
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