Dismissed
EB-2 NIW
EB-2 NIW Dismissed — Geology: while the petitioner qualified for the underlying EB-2
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Decision Summary
The appeal was dismissed because while the petitioner qualified for the underlying EB-2 classification as an alien of exceptional ability, they failed to establish that a waiver of the job offer requirement would be in the national interest. The petitioner did not demonstrate that they would serve the national interest to a substantially greater degree than a minimally qualified U.S. worker, which is the standard set by the controlling precedent, NYSDOT.
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Substantial Intrinsic Merit National In Scope Serving National Interest To A Substantially Greater Degree Than A U.S. Worker
📄 Original decision (USCIS PDF)
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