EB-2 NIW Dismissed — Gene Therapy (2011): did not meet the third prong of the national interest
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Decision Summary
The appeal was dismissed because the petitioner failed to satisfy the third prong of the national interest waiver test, which requires demonstrating that the beneficiary will serve the national interest to a substantially greater degree than a minimally qualified U.S. worker. The AAO reasoned that a shortage of qualified workers is precisely the issue the standard labor certification process is designed to address and is not, by itself, grounds for a waiver. The motion to reconsider was denied as the new evidence was insufficient to support the petitioner's claims of outstanding ability and influence.
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