remanded
EB-2 NIW
remanded EB-2 NIW Case: Law
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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.
Criteria Discussed
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)
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