remanded
EB-2 NIW
remanded EB-2 NIW Case: Physical Science
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.
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
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