dismissed EB-2 NIW Case: Chemistry
Decision Summary
The appeal was dismissed because the petitioner did not establish that a waiver of the job offer requirement was in the national interest. The director had already acknowledged that the petitioner qualifies as a member of the professions holding an advanced degree. However, the petitioner failed to demonstrate that they would serve the national interest to a substantially greater degree than an available U.S. worker with the same minimum qualifications, which is the key final prong of the national interest waiver test.
Criteria Discussed
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