remanded
EB-2 NIW
remanded EB-2 NIW Case: Nursing
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Decision Summary
The case was remanded because the Director's initial decision was procedurally flawed. The Director denied the petition for failing to meet the 'advanced degree' professional criteria but did not consider the alternative 'exceptional ability' classification. The AAO sent the case back for the Director to give the petitioner an opportunity to submit evidence for exceptional ability and then issue a new decision on the underlying EB-2 eligibility.
Criteria Discussed
Advanced Degree Exceptional Ability Substantial Merit And National Importance Well Positioned To Advance Balance Of Factors
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