remanded
EB-2 NIW
remanded EB-2 NIW Case: Nursing
Avoid this EB-2 NIW denial in your own petition.
No credit card. Generate your first draft in minutes.
Decision Summary
The AAO withdrew the Director's decision and remanded the case. The AAO found that the Director erred in concluding the petitioner qualified for the underlying EB-2 classification, determining her foreign diploma was equivalent to an associate's degree, not a bachelor's degree. The AAO also concluded the petitioner failed to establish eligibility as an individual of exceptional ability, thus not meeting the prerequisite for a national interest waiver.
Criteria Discussed
Member Of Professions Holding An Advanced Degree Individual Of Exceptional Ability Substantial Merit And National Importance Well-Positioned To Advance Proposed Endeavor Balance Of Factors For Waiver Of Job Offer Academic Record Relating To Area Of Exceptional Ability Membership In Professional Associations Recognition For Achievements And Significant Contributions
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Draft your EB-2 NIW petition with AAO-aware structure
MeritDraft helps organize your evidence into a compliant petition draft grounded in USCIS criteria and attorney-style reasoning.
Sign Up Free →No credit card required. Generate your first petition draft in minutes.