dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Nephrology
Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate that a waiver of the job offer requirement was in the national interest. The AAO found the petitioner's experience in the specialized field of nephrology was very limited, consisting primarily of a recent training fellowship. The argument regarding a shortage of nephrologists was also rejected, as a labor shortage is a matter to be addressed by the labor certification process, not a reason to waive it.
Criteria Discussed
Substantial Intrinsic Merit National In Scope Benefit Substantially Greater Than Available U.S. Worker
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