Remanded
EB-2 NIW
EB-2 NIW Remanded — Nursing (2023): the AAO withdrew the Director's decision and remanded the
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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.
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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
📄 Original decision (USCIS PDF)
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