Remanded
EB-2 NIW
EB-2 NIW Remanded — Physical Science (2007): the director made a reversible legal error by denying the
Filing your own EB-2 NIW? See how your CV maps to the criteria this decision turned on — free strategy preview.
Decision Summary
The appeal was remanded because the director made a reversible legal error by denying the petition based on the petitioner's failure to meet the regulatory criteria for an alien of exceptional ability. The AAO clarified that the petitioner, who qualifies as an advanced degree professional, is not required to also demonstrate they are an alien of exceptional ability to be eligible for a national interest waiver. The case was returned for a new decision applying the correct legal standard.
See how a decision like this gets cited in an EB-2 NIW petition →Criteria Discussed
Substantial Intrinsic Merit National In Scope Serving National Interest To A Greater Degree Than A U.S. Worker Erroneous Application Of Exceptional Ability Criteria
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Filing your own EB-2 NIW? See where you stand.
Upload your CV and see how your profile maps to USCIS criteria — free strategy preview, no credit card.
Map Your CV to These Criteria →No credit card required.