Remanded
EB-2 NIW
EB-2 NIW Remanded — Finance (2023): the Director incorrectly found the petitioner qualified for
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Decision Summary
The appeal was remanded because the Director incorrectly found the petitioner qualified for the EB-2 classification based on an advanced degree, as his foreign credential was not equivalent to a U.S. bachelor's degree. Additionally, the Director failed to evaluate the petitioner's alternative claim of exceptional ability and did not provide any analysis of the national interest waiver criteria under the Dhanasar framework, requiring the case to be sent back for a proper evaluation and a new decision.
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Member Of The Professions Holding An Advanced Degree Individual Of Exceptional Ability Substantial Merit And National Importance Well-Positioned To Advance Proposed Endeavor Balance Of Factors For Waiver
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