EB-2 NIW Dismissed โ Medical Research (2001): 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 meet the third prong of the national interest waiver test. While the petitioner's work in cancer research was found to have intrinsic merit and national scope, the petitioner did not establish that he would serve the national interest to a substantially greater degree than an available U.S. worker. The AAO found that counsel's claims about the petitioner's achievements, such as being the 'first investigator' or memberships in professional associations, were exaggerated and did not demonstrate expertise significantly above the norm.
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