Remanded EB-2 NIW

EB-2 NIW Remanded โ€” Transportation Planning (2024): the Director's denial contained significant analytical

๐Ÿ“… 2024-04-04 ๐Ÿ‘ค Individual ๐Ÿ“‚ Transportation Planning

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Decision Summary

The appeal was remanded because the Director's denial contained significant analytical errors. The Director misapplied the Dhanasar framework by conflating the analysis for the 'national importance' prong with factors from the third prong. Furthermore, the Director contradicted a prior finding from the RFE regarding the petitioner being well-positioned to advance the endeavor, rendering the decision incoherent and procedurally flawed.

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Criteria Discussed

Substantial Merit And National Importance Well Positioned To Advance The Proposed Endeavor Beneficial To The U.S. To Waive The Job Offer Requirement
๐Ÿ“„ Original decision (USCIS PDF)

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