Remanded
EB-2 NIW
EB-2 NIW Remanded — Martial Arts (2021): the Director improperly adjudicated the petitioner's
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Decision Summary
The appeal was remanded because the Director improperly adjudicated the petitioner's underlying eligibility for the EB-2 classification. The AAO withdrew the Director's finding that the petitioner qualified as a member of the professions holding an advanced degree and noted the Director failed to evaluate eligibility under the exceptional ability criteria. Because the petitioner's qualification for the base EB-2 visa was not properly established, the denial of the national interest waiver was premature and the case was sent back for further review.
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Advanced Degree Exceptional Ability Substantial Merit And National Importance Well Positioned To Advance Proposed Endeavor Beneficial To Waive Job Offer/Labor Certification
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