EB-2 NIW Dismissed โ Molecular And Cell Biology (2012): did not establish an exemption from the requirement of a
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Decision Summary
The appeal was dismissed because the petitioner did not establish that an exemption from the requirement of a job offer would be in the national interest of the United States. While the petitioner qualified as a member of the professions holding an advanced degree, the director concluded, and the AAO affirmed, that the petitioner did not meet the three-prong test from Matter of New York State Dept. of Transportation, specifically failing to show he would serve the national interest to a substantially greater degree than an available U.S. worker.
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