remanded
EB-2 NIW
remanded EB-2 NIW Case: Plant Pathology
Decision Summary
The decision was remanded because the director applied an incorrect legal standard, focusing on the urgency of the petitioner's immigration and potential harm to the U.S. if a labor certification was pursued. The AAO clarified that the proper standard requires an evaluation of the petitioner's past record of achievements to justify projections of future benefit to the national interest, and sent the case back for re-adjudication under this correct standard.
Criteria Discussed
Employment In An Area Of Substantial Intrinsic Merit Proposed Benefit Will Be National In Scope Alien Will Serve The National Interest To A Substantially Greater Degree Than A U.S. Worker
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