remanded
EB-2 NIW
remanded EB-2 NIW Case: Gastronomy
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Decision Summary
The appeal was remanded because the Director's initial decision failed to properly adjudicate the case. The Director did not make a determination on whether the petitioner qualified for the underlying EB-2 classification (as either an advanced degree professional or an individual of exceptional ability) and also failed to provide a sufficient analysis under the Dhanasar framework for the national interest waiver itself.
Criteria Discussed
Advanced Degree Exceptional Ability Substantial Merit And National Importance Well-Positioned To Advance Endeavor Benefit To The Us To Waive Job Offer
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