sustained
EB-2 NIW
sustained EB-2 NIW Case: Data Mining
Decision Summary
The appeal was sustained because the Director applied an incorrect legal standard, focusing on the 'urgency' of the petitioner's entry and whether national interest would be 'harmed' by the labor certification process. The AAO clarified the correct standard is to evaluate the petitioner's past record of achievement and influence on the field to justify projections of future benefit, which the Director failed to do.
Criteria Discussed
Substantial Intrinsic Merit National In Scope Alien Will Serve The National Interest To A Substantially Greater Degree Than A U.S. Worker
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