EB-2 NIW Remanded โ Logistics Software (2023): the AAO disagreed with the Director's conclusion that the
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Decision Summary
The appeal was remanded because the AAO disagreed with the Director's conclusion that the beneficiary did not qualify as a person of exceptional ability. The AAO determined that the beneficiary's BTEC higher national certificate from the UK did meet the evidentiary standard for a certificate from an institution of learning, which the Director had incorrectly denied. The case was sent back for a new decision based on the finding that the beneficiary met the preliminary evidentiary requirements.
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