EB-2 NIW Dismissed — Medical Research (2004): 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 satisfy the third prong of the national interest waiver test. While his work in medical research was of intrinsic merit and national in scope, he did not establish that his past achievements, including his publication and citation record, justified a projection that he would benefit the national interest to a substantially greater degree than a minimally qualified U.S. worker. The AAO affirmed that possessing 'unique skills' or an employer's unwillingness to pursue labor certification are insufficient grounds for a waiver.
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