dismissed EB-2 NIW Case: Engineering
Decision Summary
The appeal was dismissed because, while the petitioner's work in Micro-Electro-Mechanical Systems (MEMS) research was found to have substantial intrinsic merit and be national in scope, the petitioner failed to meet the third prong of the national interest waiver test. The petitioner did not establish a past record of achievement with sufficient influence on the field as a whole, and therefore did not prove they would benefit the national interest to a substantially greater degree than an available U.S. worker with the same minimum qualifications.
Criteria Discussed
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