Remanded
EB-2 NIW
EB-2 NIW Remanded — Mechanical Engineering (2005): the director applied an incorrect, higher legal standard,
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Decision Summary
The appeal was remanded because the director applied an incorrect, higher legal standard, evaluating the petition against criteria appropriate for an alien of extraordinary ability (EB-1A) rather than the established three-prong test for a National Interest Waiver. The AAO found that requiring major awards and national acclaim was improper for an EB-2 NIW case and sent the case back for proper adjudication under the correct standard.
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Substantial Intrinsic Merit National In Scope Benefit To The National Interest To A Substantially Greater Degree Than A U.S. Worker Prizes Or Awards Published Material About The Alien National Or International Acclaim Citation Of Work
📄 Original decision (USCIS PDF)
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