EB-2 Remanded — Unknown (2012): the director evaluated the petition under the wrong legal

Decision Summary

The appeal was remanded because the director evaluated the petition under the wrong legal standard. The petitioner sought classification as an alien of exceptional ability, but the director incorrectly denied it by assessing it as a petition for a member of the professions holding an advanced degree. Therefore, the case was sent back for a new decision under the correct classification.

Criteria Discussed

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