sustained EB-2 NIW

sustained EB-2 NIW Case: Pharmacology

📅 Date unknown 👤 Individual 📂 Pharmacology

Decision Summary

The appeal was sustained because the AAO found that the Director applied an incorrect and overly strict legal standard, confusing the requirements for an EB-2 NIW with the higher standard for an EB-1A extraordinary ability petition. The Director improperly dismissed the petitioner's evidence, such as reference letters and publications, by comparing him to top experts in the field. The AAO determined the petitioner's work in pharmacology is of intrinsic merit and national scope and remanded for proper evaluation.

Criteria Discussed

Member Of The Professions Holding An Advanced Degree National Interest Waiver Area Of Substantial Intrinsic Merit Benefit Is National In Scope Serving The National Interest To A Substantially Greater Degree Than A U.S. Worker

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