remanded
EB-2 NIW
remanded EB-2 NIW Case: Massage Therapy
Avoid this EB-2 NIW denial in your own petition.
No credit card. Generate your first draft in minutes.
Decision Summary
The appeal was remanded because the Director erred by failing to evaluate whether the petitioner qualified as an alien of exceptional ability, a claimed basis for the petition. The Director also improperly dismissed the national interest waiver claim without applying the correct legal test, incorrectly assuming the waiver is unavailable because the petitioner's occupation does not require an advanced degree.
Criteria Discussed
Alien Of Exceptional Ability Advanced Degree Professional National Interest Waiver Schedule A Group Ii Certification
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Draft your EB-2 NIW petition with AAO-aware structure
MeritDraft helps organize your evidence into a compliant petition draft grounded in USCIS criteria and attorney-style reasoning.
Sign Up Free →No credit card required. Generate your first petition draft in minutes.