remanded EB-2 NIW Case: It Systems Management
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Decision Summary
The Director denied the petition, concluding the petitioner failed to establish he was well-positioned to advance his endeavor or that a waiver would benefit the U.S. on balance. The AAO remanded the case, finding the Director's analysis was flawed because it did not properly consider the lack of evidence for the first prong (national importance) before moving to the other prongs. The matter was sent back for a new decision consistent with the proper analytical framework.
Criteria Discussed
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