Remanded
EB-2 NIW
EB-2 NIW Remanded — Plant Pathology: the director applied an incorrect legal standard, focusing
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Decision Summary
The appeal was remanded because the director applied an incorrect legal standard, focusing on whether there was an 'urgency' for the petitioner's entry and whether the national interest would be 'harmed' by the delay of the labor certification process. The AAO clarified that the correct standard is to evaluate the petitioner's past record of achievements to determine if they will benefit the national interest to a substantially greater degree than a minimally qualified U.S. worker, and sent the case back for re-evaluation under this standard.
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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 With Minimum Qualifications Past Record Of Demonstrable Achievement
📄 Original decision (USCIS PDF)
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