Remanded EB-2 NIW

EB-2 NIW Remanded โ€” Unknown (2021): the Director's initial decision was insufficient for review

๐Ÿ“… 2021-06-21 ๐Ÿ‘ค Individual ๐Ÿ“‚ Unknown

Filing your own EB-2 NIW? See how your CV maps to the criteria this decision turned on โ€” free strategy preview.

Get Your Free Strategy Preview โ†’

Decision Summary

The appeal was remanded because the Director's initial decision was insufficient for review. The Director failed to first determine if the petitioner met the threshold eligibility for the EB-2 classification (as an advanced degree professional or individual of exceptional ability) before analyzing the national interest waiver criteria. The AAO sent the case back for the Director to properly conduct this sequential analysis and issue a new decision.

See how a decision like this gets cited in an EB-2 NIW petition →

Criteria Discussed

Advanced Degree Professional Exceptional Ability Substantial Merit And National Importance Well Positioned To Advance The Proposed Endeavor Beneficial To Waive The Job Offer Requirement
๐Ÿ“„ Original decision (USCIS PDF)

Sign up free to download the original PDF

Filing your own EB-2 NIW? See where you stand.

Upload your CV and see how your profile maps to USCIS criteria โ€” free strategy preview, no credit card.

Map Your CV to These Criteria โ†’

No credit card required.