Remanded
EB-2 NIW
EB-2 NIW Remanded — Weapon Enhancement (2018): the Director improperly denied the petition
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Decision Summary
The appeal was remanded because the Director improperly denied the petition. The Director only found the petitioner ineligible as a member of the professions holding an advanced degree but failed to consider the alternative basis for EB-2 classification, as an individual of exceptional ability. Additionally, the Director's decision did not analyze the petitioner's eligibility for the national interest waiver under the required three-prong Dhanasar framework.
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Advanced Degree Exceptional Ability Substantial Merit And National Importance Well Positioned To Advance The Proposed Endeavor Waiver Of Job Offer/Labor Certification Is Beneficial To The U.S.
📄 Original decision (USCIS PDF)
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