remanded EB-2 NIW Case: Molecular Biology
Decision Summary
The director's decision was withdrawn because the reason for denial—that the petitioner was still a student and his qualifications did not match his recommenders—was found to be in error. However, the AAO noted the petitioner had not proven eligibility for the underlying classification as a member of the professions holding an advanced degree. The case was remanded for the director to first determine if the petitioner qualifies as an alien of exceptional ability, and if so, to then properly adjudicate the national interest waiver claim on its merits.
Criteria Discussed
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