Sustained
EB-2 NIW
EB-2 NIW Sustained — Microbiology (2007): 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. The director improperly focused on the petitioner's nonimmigrant status and a perceived lack of 'urgency' for the immigrant visa, which is not the correct test for a national interest waiver. The AAO determined the director failed to give sufficient weight to the submitted evidence and erred in the legal analysis.
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National Interest Waiver Advanced Degree Holder Area Of Substantial Intrinsic Merit Benefit Is National In Scope Serving National Interest To A Substantially Greater Degree Than A U.S. Worker
📄 Original decision (USCIS PDF)
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