sustained EB-2 NIW Case: Data Mining
Decision Summary
The appeal was sustained because the Director applied an incorrect legal standard, improperly requiring the petitioner to demonstrate 'urgency' or that the national interest would be 'harmed' by pursuing the labor certification process. The AAO found the Director erred by not focusing on the correct standard, which is whether the alien's past record of achievement justifies projections of future benefit to the national interest, and also noted the Director failed to properly evaluate strong evidence like independent witness letters and citation records.
Criteria Discussed
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