dismissed EB-2 NIW Case: Geology
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.
Criteria Discussed
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Avoid the mistakes that led to this denial
MeritDraft guides you through USCIS criteria so your draft is organized around the right evidence, legal framing, and common denial patterns.
Start a Stronger Draft →No credit card required. Generate your first petition draft in minutes.