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EB-2 NIWMechanical and aerospace engineeringIndividualDecided July 2021Remanded

Outcome: Remanded

JUL152021_01B5203

Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed

Our summary

Flight simulator engineer sought EB-2 classification and national interest waiver. AAO remanded because Director failed to adequately analyze underlying EB-2 eligibility and did not apply Dhanasar framework to NIW claim despite beneficiary identifying specific proposed endeavor.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

No criterion in the table was found met in this decision.

What was missing

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceNot reached / not discussedClaimed but not analyzed; Director denied without applying Dhanasar framework
Well positionedNot reached / not discussedClaimed but not analyzed; matter remanded for comprehensive analysis
Balance favors a waiverNot reached / not discussedClaimed but not analyzed; matter remanded for comprehensive analysis

A published decision describes one case. It is not legal advice and not a prediction for yours.

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