sustained
EB-2 NIW
sustained EB-2 NIW Case: Microbiology
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.
Criteria Discussed
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
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