EB-2 NIW Dismissed — Medical Science (2011): did not establish eligibility for a National Interest Waiver
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Decision Summary
The appeal was dismissed because the petitioner failed to establish eligibility for a National Interest Waiver. Although the director found the petitioner qualified as a member of the professions holding an advanced degree and that the work was in an area of substantial intrinsic merit and national in scope, the petitioner did not demonstrate that he would serve the national interest to a substantially greater degree than an available U.S. worker. The petitioner's argument about a shortage of workers with his skills was deemed addressable by the standard labor certification process, which the waiver is meant to bypass.
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