remanded
EB-2 NIW
remanded EB-2 NIW Case: Medicine
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Decision Summary
The appeal was remanded because the director applied the incorrect legal standard to the case. The director improperly requested evidence based on the general three-prong test from Matter of New York State Dept. of Transportation, instead of evaluating the petition under the specific statutory and regulatory requirements for an alien physician seeking a national interest waiver for service in a medically underserved area.
Criteria Discussed
National Interest Waiver Physician In Medically Underserved Area Full-Time Employment Agreement Public Interest Attestation Matter Of New York State Dept. Of Transportation
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