dismissed EB-2 NIW Case: Medical Research
Decision Summary
The appeal was dismissed because the petitioner failed to establish that a waiver of the job offer requirement was in the national interest. Specifically, the petitioner did not prove that his contributions to his field would be substantially greater than those of a similarly qualified U.S. worker, a key requirement for the waiver. The AAO also noted that the petitioner's continued employment was not contingent on the waiver, as he already held H-1B status and a labor certification was pending.
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.