dismissed EB-2 NIW Case: Environmental Engineering
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the alien would serve the national interest to a substantially greater degree than a minimally qualified U.S. worker. The director acknowledged the intrinsic merit and national scope of the work, but the petitioner's arguments focusing on worker shortages and avoiding the labor certification process were found insufficient to meet the final prong of the national interest waiver test.
Criteria Discussed
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