dismissed EB-2 NIW Case: Applied Mathematics
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Decision Summary
The appeal was dismissed because the petitioner did not establish that a waiver of the job offer requirement would be in the national interest of the United States. While the petitioner was found to qualify as a member of the professions holding an advanced degree, the decision focused on the failure to meet the three-part test for a national interest waiver established in Matter of New York State Dept. of Transportation (NYSDOT). The central issue was not the petitioner's qualifications, but whether she would serve the national interest to a substantially greater degree than a qualified U.S. worker.
Criteria Discussed
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