remanded
EB-2 NIW
remanded EB-2 NIW Case: Environmental Microbiology
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Decision Summary
The appeal was remanded because the Director incorrectly applied the new 'Dhanasar' legal framework to revoke a petition that was approved before that framework existed. The AAO determined that because the petition was approved under the old 'NYSDOT' standard, any revocation must be judged against that same standard, not the new one.
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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