Remanded
EB-2 NIW
EB-2 NIW Remanded — Marketing (2021): the Director applied an incorrect and overly restrictive
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Decision Summary
The appeal was remanded because the Director applied an incorrect and overly restrictive legal standard when evaluating the 'substantial merit' of the petitioner's proposed endeavor. The Director's decision improperly limited the definition of substantial merit to specific factors, thereby imposing a higher burden on the petitioner than required under the controlling Matter of Dhanasar framework.
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Substantial Merit And National Importance Well Positioned To Advance The Proposed Endeavor Balance Of Factors For Waiver
📄 Original decision (USCIS PDF)
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