remanded
EB-2 NIW
remanded EB-2 NIW Case: Publishing
Decision Summary
The petition was remanded because the director's decision was flawed. The director failed to issue a required Request for Evidence (RFE) before denying the 'skeletal' petition. Additionally, the director did not consider the petitioner's eligibility under the 'exceptional ability' prong and did not properly analyze the national interest waiver criteria, warranting a new decision after the petitioner has an opportunity to submit more evidence.
Criteria Discussed
Advanced Degree Exceptional Ability Substantial Intrinsic Merit National In Scope Serving The National Interest To A Substantially Greater Degree Than A U.S. Worker
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