remanded
EB-2 NIW
remanded EB-2 NIW Case: Microbiology
Decision Summary
The appeal was remanded because the director applied an incorrect legal standard for the national interest waiver. The director wrongly focused on the 'urgency' of the petitioner's immigration and whether the national interest would be 'harmed' by the labor certification process, rather than the correct standard of evaluating if the petitioner's past record of achievement justifies projections of future benefit to the national interest.
Criteria Discussed
Substantial Intrinsic Merit National In Scope Serving National Interest To A Substantially Greater Degree Than A U.S. Worker Past Record Of Achievement
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