dismissed EB-2 NIW Case: Medical Research
Decision Summary
The appeal was dismissed because the petitioner, a medical researcher and entrepreneur, failed to establish that a waiver of the job offer requirement was in the national interest. The director found, and the AAO affirmed, that the petitioner did not meet the three-prong test set forth in Matter of New York State Dep't of Transportation (NYSDOT). The decision noted that being a self-employed entrepreneur is not in itself sufficient to grant the waiver.
Criteria Discussed
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