remanded
EB-2 NIW
remanded EB-2 NIW Case: 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.
Criteria Discussed
Advanced Degree Professional Exceptional Ability Dhanasar Framework Substantial Merit And National Importance Well Positioned To Advance The Proposed Endeavor Balance Of Factors
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