dismissed EB-2 NIW Case: Oral And Maxillofacial Surgery
Decision Summary
The Director initially denied the petition, finding the Petitioner had not established eligibility for a national interest waiver. On appeal, while the AAO acknowledged the Petitioner qualifies as an advanced degree professional and works in an area of substantial intrinsic merit, the appeal was ultimately dismissed for failing to establish that a waiver of the job offer requirement is in the national interest under the three-prong NYSDOT test.
Criteria Discussed
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