remanded
EB-2 NIW
remanded EB-2 NIW Case: Medicine
Decision Summary
The appeal was remanded because the initial denial was generic and failed to analyze the specifics of the case. The director must first determine if the petitioner's claim is based on being a researcher (judged under Matter of New York State Dept. of Transportation) or a physician in an underserved area (judged under 8 C.F.R. § 204.12), as different legal standards apply to each.
Criteria Discussed
National Interest Waiver Physician In Underserved Area Matter Of New York State Dept. Of Transportation
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