Remanded EB-2 NIW

EB-2 NIW Remanded โ€” Environmental Microbiology (2019): the Director incorrectly applied the new 'Dhanasar' legal

๐Ÿ“… 2019-10-25 ๐Ÿ‘ค Individual ๐Ÿ“‚ 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.

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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
๐Ÿ“„ Original decision (USCIS PDF)

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