Dismissed
EB-2 NIW
EB-2 NIW Dismissed — Biomedical Research (2010): while the AAO agreed the beneficiary's work in gene therapy
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Decision Summary
The appeal was dismissed because, while the AAO agreed the beneficiary's work in gene therapy had substantial intrinsic merit and was national in scope, the petitioner failed to satisfy the third prong of the national interest waiver test. The petitioner did not establish that the beneficiary would serve the national interest to a substantially greater degree than a qualified U.S. worker, and the argument based on a shortage of workers was deemed insufficient to warrant bypassing the standard labor certification process.
See how a decision like this gets cited in an EB-2 NIW petition →Criteria Discussed
Employment In An Area Of Substantial Intrinsic Merit Proposed Benefit Will Be National In Scope Alien Will Serve The National Interest To A Substantially Greater Degree Than Would An Available U.S. Worker
📄 Original decision (USCIS PDF)
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