Remanded
EB-2 NIW
EB-2 NIW Remanded — Patent Law (2005): the director incorrectly denied the petition by requiring
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Decision Summary
The director incorrectly denied the petition by requiring the beneficiary to prove exceptional ability after already finding they qualified as a professional holding an advanced degree; only one of these two is required. The case was remanded for the director to correct this error and for clarification on whether the petitioner was seeking a National Interest Waiver or a Schedule A designation, as the filing was ambiguous.
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Advanced Degree Exceptional Ability National Interest Waiver Job Offer Requirement Schedule A Designation
📄 Original decision (USCIS PDF)
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