dismissed EB-2 NIW Case: Medical Research
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.
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.