dismissed EB-2 NIW Case: Neurophysiology
Decision Summary
The appeal was dismissed because the petitioner failed to meet the third prong of the national interest waiver test. While the director and AAO agreed that the petitioner's work in neurophysiology has substantial intrinsic merit and is national in scope, the petitioner did not demonstrate that he would serve the national interest to a substantially greater degree than an available U.S. worker. The petitioner's evidence, including publications and reference letters, was deemed insufficient to show a past history of achievement with significant influence on the field as a whole, as evidenced by minimal citations.
Criteria Discussed
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