remanded EB-2 NIW Case: Unknown
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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.
Criteria Discussed
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