Remanded
EB-2 NIW
EB-2 NIW Remanded — Information Technology (2023): the AAO remanded the case because the Director incorrectly
Filing your own EB-2 NIW? See how your CV maps to the criteria this decision turned on — free strategy preview.
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.
See how a decision like this gets cited in an EB-2 NIW petition →Criteria Discussed
Advanced Degree Professional Exceptional Ability Substantial Merit And National Importance Well-Positioned To Advance Balance Of Factors (Dhanasar Framework)
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Filing your own EB-2 NIW? See where you stand.
Upload your CV and see how your profile maps to USCIS criteria — free strategy preview, no credit card.
Map Your CV to These Criteria →No credit card required.