dismissed EB-2 NIW Case: Instructional Technology
Decision Summary
The AAO dismissed the appeal because the petitioner's argument that a labor certification would adversely affect the national interest was rendered moot. While the NIW petition was pending, the petitioner's employer, Georgia Tech, successfully obtained an approved labor certification and filed a new I-140 petition on her behalf, which was approved. This subsequent approval demonstrated that the standard process was viable, undermining the need for a national interest waiver.
Criteria Discussed
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