Remanded
EB-2 NIW
EB-2 NIW Remanded — Microbiology (2005): the director applied an incorrect legal standard
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Decision Summary
The appeal was remanded because the director applied an incorrect legal standard. The director wrongly focused on the urgency of the petitioner's need for immigrant status and whether harm would result from pursuing a labor certification. The AAO clarified that the correct standard is to evaluate the petitioner's past record of achievements to project future benefit to the national interest, and sent the case back for reconsideration under this proper standard.
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Employment In An Area Of Substantial Intrinsic Merit Proposed Benefit Will Be National In Scope Alien Will Serve The National Interest To A Substantially Greater Degree Than An Available U.S. Worker Past Record Justifies Projections Of Future Benefit
📄 Original decision (USCIS PDF)
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