dismissed EB-2 NIW Case: Bioorganic Chemistry
Decision Summary
The appeal was dismissed because the petitioner failed to meet the third prong of the national interest waiver test. Although the director found the petitioner's work in NMR spectroscopy to be of intrinsic merit and national scope, the petitioner did not establish that he would serve the national interest to a substantially greater degree than a U.S. worker. The decision noted a lack of evidence demonstrating a past history of achievement with influence on the field as a whole, pointing out that most letters of support came from colleagues rather than independent references.
Criteria Discussed
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