Remanded EB-2 NIW

EB-2 NIW Remanded โ€” Finance (2023): the Director improperly denied the petition based on the

๐Ÿ“… 2023-01-24 ๐Ÿ‘ค Individual ๐Ÿ“‚ Finance

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Decision Summary

The appeal was remanded because the Director improperly denied the petition based on the national interest waiver criteria without first making a determination on the petitioner's underlying eligibility for the EB-2 classification as an individual of exceptional ability. The AAO sent the case back for the Director to first evaluate the base eligibility and then, if met, re-evaluate the waiver request.

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Criteria Discussed

Advanced Degree Professional Exceptional Ability Dhanasar Framework Substantial Merit And National Importance Well Positioned To Advance The Proposed Endeavor Balance Of Factors
๐Ÿ“„ Original decision (USCIS PDF)

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