Remanded
EB-2 NIW
EB-2 NIW Remanded — Mechanical Engineering (2005): 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 standard, similar to that for an 'extraordinary ability' alien, rather than the proper standard for a National Interest Waiver. The AAO found that the director improperly required evidence such as 'major nationally or internationally recognized awards' or major media coverage, which is not mandated for this visa category. The case was sent back to be re-evaluated under the correct legal framework established in Matter of New York State Dep't. of Transp.
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Substantial Intrinsic Merit National Scope Serving National Interest To A Substantially Greater Degree
📄 Original decision (USCIS PDF)
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