Remanded
EB-2 NIW
EB-2 NIW Remanded — Mechanical Engineering (2019): the Director improperly applied the newer 'Dhanasar'
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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.
See how a decision like this gets cited in an EB-2 NIW petition →Criteria Discussed
Nysdot Framework Dhanasar Framework Substantial Merit And National Importance Well Positioned To Advance Proposed Endeavor Beneficial To Waive Job Offer
📄 Original decision (USCIS PDF)
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