Remanded
EB-2 NIW
EB-2 NIW Remanded — Law (2021): the Director improperly used the newer Dhanasar framework
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Decision Summary
The case was remanded because the Director improperly used the newer Dhanasar framework to revoke a petition that had been approved under the older NYSDOT framework. The AAO instructed the Director to re-evaluate the potential revocation using the NYSDOT standard, which was the law in effect at the time of the original approval.
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Substantial Merit And National Importance Well Positioned To Advance The Proposed Endeavor Beneficial To Waive Job Offer (Dhanasar Standard) Substantial Intrinsic Merit National In Scope Serve National Interest To A Greater Degree (Nysdot Standard)
📄 Original decision (USCIS PDF)
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