remanded
EB-2 NIW
remanded EB-2 NIW Case: Weapon Enhancement
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.
Criteria Discussed
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.
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Draft your EB-2 NIW petition with AAO-aware structure
MeritDraft helps organize your evidence into a compliant petition draft grounded in USCIS criteria and attorney-style reasoning.
Sign Up Free →No credit card required. Generate your first petition draft in minutes.