remanded EB-2 NIW Case: Physical Fitness
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Decision Summary
The appeal was remanded because the Director's decision was flawed. The AAO withdrew the Director's conclusion that the petitioner qualified as an advanced degree professional, and noted the Director failed to evaluate the petitioner's actual claim of eligibility based on 'exceptional ability.' The case was sent back for the Director to properly adjudicate the petitioner's eligibility under the exceptional ability criteria before re-evaluating the national interest waiver.
Criteria Discussed
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