EB-2 NIW Dismissed โ Nanotechnology: the petitioner first failed to establish his eligibility
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Decision Summary
The appeal was dismissed because the petitioner first failed to establish his eligibility for the underlying EB-2 classification as either an alien of exceptional ability or a member of the professions holding an advanced degree. Although the director only denied the waiver, the AAO found the petitioner did not meet the foundational requirements. The AAO also found that the petitioner had not established that a waiver of the job offer requirement would be in the national interest of the United States.
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