remanded EB-2 NIW Case: Structural Engineering
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Decision Summary
The appeal was remanded because the Director's decision was procedurally flawed and insufficient for review. The Director failed to first determine if the petitioner qualified for the underlying EB-2 classification as a member of the professions holding an advanced degree before analyzing the national interest waiver criteria. The case was sent back for a proper determination of the advanced degree issue and a new decision.
Criteria Discussed
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