dismissed EB-2 NIW Case: Medicine
Decision Summary
The appeal was dismissed because the petitioner, a pediatric endocrinologist, failed to establish that she would serve the national interest to a substantially greater degree than a qualified U.S. worker, as required by the national interest waiver standard. The decision clarified that claims of a local labor shortage are insufficient for an NIW, as the labor certification process is designed to address such issues, and the petitioner had not properly applied for the specific physician waiver.
Criteria Discussed
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