remanded
EB-2 NIW
remanded EB-2 NIW Case: Medicine
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Decision Summary
The appeal was remanded because the director incorrectly denied the petition by applying regulations specific to physicians working in medically underserved areas. The AAO found the director failed to evaluate the case under the correct legal standard for a national interest waiver, as established in Matter of New York State Dept. of Transportation, and improperly considered admissibility issues at the petition stage.
Criteria Discussed
National Interest Waiver Medically Underserved Area Physician Rules Matter Of New York State Dept. Of Transportation Standard Admissibility For Foreign Medical Graduates
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