remanded EB-2 NIW Case: Mechanical Engineering
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Decision Summary
The appeal was remanded because the Director improperly applied the newer 'Dhanasar' framework when revoking a petition that had been approved under the older 'NYSDOT' standard. The AAO determined that because the petition was approved before the Dhanasar decision was issued, any revocation must be judged against the NYSDOT framework that was in place at the time of the original approval. The case was sent back for reconsideration under the correct legal standard.
Criteria Discussed
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