dismissed EB-2 NIW Case: Biomedical Research
Decision Summary
The appeal was dismissed because the petitioner, while qualifying for the underlying classification as a professional with an advanced degree, failed to establish that a waiver of the job offer requirement would be in the national interest. Specifically, the petitioner did not demonstrate that they would serve the national interest to a substantially greater degree than would an available U.S. worker with the same minimum qualifications. The decision also noted a procedural failure, as the petitioner did not submit the required Form ETA-750B.
Criteria Discussed
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