dismissed EB-2 NIW Case: Food Microbiology
Decision Summary
The appeal was dismissed because the petitioner failed to establish the third prong of the national interest waiver test set forth in NYSDOT. While the petitioner's work in food microbiology was acknowledged to have substantial intrinsic merit and be national in scope, they did not demonstrate that they would serve 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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