dismissed EB-2 NIW Case: Biomedical Research
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.
Criteria Discussed
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