Remanded
EB-2 NIW
EB-2 NIW Remanded — Medicine (2005): the director applied the incorrect legal standard
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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.
See how a decision like this gets cited in an EB-2 NIW petition →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
📄 Original decision (USCIS PDF)
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