dismissed EB-2 NIW Case: Cardiology
Decision Summary
The appeal was dismissed because the petitioner, a physician and researcher, failed to establish that a waiver of the job offer requirement was in the national interest. According to the governing NYSDOT precedent, the petitioner must demonstrate their work is of substantial intrinsic merit, is national in scope, and that they will serve the national interest to a substantially greater degree than a minimally qualified U.S. worker. The decision indicates the petitioner's record of publications and research was insufficient to meet this high standard.
Criteria Discussed
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