remanded EB-2 NIW Case: Oral And Maxillofacial Surgery
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Decision Summary
The appeal was remanded because the Director applied an incorrect legal standard when evaluating the petitioner's advanced degree eligibility. The Director focused on whether the petitioner had five years of 'progressive' experience, but the AAO found the primary issue was whether the specialty of oral and maxillofacial surgery customarily requires a doctoral degree, which would preclude using experience as a substitute for a master's degree. The case was sent back for a new decision based on the correct regulatory framework.
Criteria Discussed
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