dismissed EB-2 NIW Case: Law
Decision Summary
The AAO affirmed the denial, effectively dismissing the appeal, because the petitioner failed to properly file for and establish eligibility for a National Interest Waiver (NIW). Despite being self-employed and thus requiring an NIW to waive the job offer and labor certification requirement, the petitioner explicitly indicated on the form that they were not seeking one. The AAO found the petitioner failed to present a coherent, legally sufficient claim for the waiver.
Criteria Discussed
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