Dismissed
EB-2 NIW
EB-2 NIW Dismissed — Biology (2016): did not meet the third prong of the NYSDOT test for a
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Decision Summary
The appeal was dismissed because the petitioner failed to satisfy the third prong of the NYSDOT test for a national interest waiver. Although the petitioner's work was found to be of substantial intrinsic merit and national in scope, the evidence provided did not establish that his work had influenced the field as a whole, which is required to show he would benefit the national interest to a greater degree than a qualified U.S. worker.
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Substantial Intrinsic Merit National In Scope Serving National Interest To A Substantially Greater Degree Than A U.S. Worker
📄 Original decision (USCIS PDF)
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