Remanded
EB-2 NIW
EB-2 NIW Remanded โ Transportation Planning (2024): the Director's denial contained significant analytical
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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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Substantial Merit And National Importance Well Positioned To Advance The Proposed Endeavor Beneficial To The U.S. To Waive The Job Offer Requirement
๐ Original decision (USCIS PDF)
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