EB-2 NIW Dismissed — Molecular Biology: did not meet the third prong of the national interest
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Decision Summary
The appeal was dismissed because the petitioner failed to satisfy the third prong of the national interest waiver test from Matter of New York State Dep’t of Transp. While the director and AAO concurred that the petitioner's work in molecular biology had intrinsic merit and was national in scope, the petitioner did not establish that they would serve the national interest to a substantially greater degree than an available U.S. worker with the same minimum qualifications, lacking sufficient evidence of past achievements with influence on the field as a whole.
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