Dismissed
EB-2 NIW
EB-2 NIW Dismissed — Business Optimization (2006): did not establish a waiver of the job offer and labor
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that a waiver of the job offer and labor certification requirement would be in the national interest. Although the director found the petitioner qualified as a member of the professions holding an advanced degree, the petitioner did not satisfy the three-prong test from Matter of New York State Dept. of Transportation required for the waiver.
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 An Available U.S. Worker
📄 Original decision (USCIS PDF)
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