Remanded
EB-2 NIW
EB-2 NIW Remanded — Oral And Maxillofacial Surgery (2021): the Director applied an incorrect legal standard when
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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.
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Advanced Degree Professional Five Years Of Progressive Experience Doctoral Degree Requirement Dhanasar Framework Substantial Merit And National Importance Well Positioned To Advance The Proposed Endeavor Balance Of Factors For Waiver
📄 Original decision (USCIS PDF)
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