Sustained
EB-2 NIW
EB-2 NIW Sustained — Data Mining: the Director applied an incorrect legal standard,
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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.
See how a decision like this gets cited in an EB-2 NIW petition →Criteria Discussed
Substantial Intrinsic Merit National In Scope Serving National Interest To A Substantially Greater Degree Than A U.S. Worker
📄 Original decision (USCIS PDF)
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