remanded EB-2 NIW Case: Information Technology
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Decision Summary
The AAO remanded the case because the Director incorrectly found the petitioner eligible for the underlying EB-2 classification as an advanced degree professional. The petitioner failed to submit the required evidence, specifically letters from former employers, to demonstrate five years of progressive experience. The case was sent back for the Director to re-evaluate the petitioner's eligibility under either the advanced degree or exceptional ability criteria before considering the national interest waiver prongs.
Criteria Discussed
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