remanded
EB-2 NIW
remanded EB-2 NIW Case: Medicine
Decision Summary
The appeal was remanded because the director applied the incorrect legal standard. Instead of evaluating the petition under the specific criteria for alien physicians seeking a National Interest Waiver (8 C.F.R. § 204.12), the director incorrectly requested evidence based on the general three-prong test established in Matter of New York State Department of Transportation.
Criteria Discussed
Physician Service In A Medically Underserved Area 5-Year Service Commitment Public Interest Attestation Letter Matter Of New York State Dept. Of Transportation (Nysdot) Three-Prong Test
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