remanded EB-2 NIW Case: 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.
Criteria Discussed
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