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EB-2 NIWBusiness and managementEmployerDecided 2021Remanded

Outcome: Remanded

JUN212021_02B5203

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

Our summary

A company seeking to employ a chief executive officer for product distribution filed for national interest waiver. The AAO remanded the petition because the Director's decision did not adequately address the three-prong Dhanasar framework and failed to properly establish the petitioner's basic EB-2 qualification with an equivalent bachelor's degree.

Official PDF

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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 discussedDirector decision lacked adequate analysis; remanded for proper review
Well positionedNot reached / not discussedDirector decision lacked adequate analysis; remanded for proper review
Balance favors a waiverNot reached / not discussedRemanded without reaching this prong

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

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