Remanded EB-2 NIW

EB-2 NIW Remanded โ€” Patent Law (2005): the director's initial denial was flawed

๐Ÿ“… 2005-09-21 ๐Ÿ‘ค Company ๐Ÿ“‚ Patent Law

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Decision Summary

The appeal was remanded because the director's initial denial was flawed. The director incorrectly implied that the beneficiary needed to qualify as both a member of the professions holding an advanced degree and an alien of exceptional ability, when only one is required. However, the AAO also found ambiguities in the petitioner's filing regarding the type of waiver sought, which required further clarification.

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Criteria Discussed

Advanced Degree Exceptional Ability National Interest Waiver Schedule A Designation
๐Ÿ“„ Original decision (USCIS PDF)

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