dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Business Optimization
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.
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
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