Remanded
EB-2 NIW
EB-2 NIW Remanded — Geology (3219): the director applied the incorrect legal standard
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Decision Summary
The appeal was remanded because the director applied the incorrect legal standard. The director improperly focused on the urgency of the petitioner's entry and the time remaining on their nonimmigrant status, rather than evaluating the petitioner's past record of achievements to justify projections of future benefit to the national interest.
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Substantial Intrinsic Merit National In Scope Alien Will Serve The National Interest To A Substantially Greater Degree Than Would An Available U.S. Worker
📄 Original decision (USCIS PDF)
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