EB-2 NIW Dismissed — Oral And Maxillofacial Surgery: did not establish eligibility for a National Interest
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Decision Summary
The appeal was dismissed because the petitioner, an oral maxillofacial surgeon, failed to establish eligibility for a National Interest Waiver under the three-prong test from Matter of NYSDOT. While his work was found to have substantial intrinsic merit, he did not demonstrate that the proposed benefit would be national in scope or that he would serve the national interest to a greater degree than a qualified U.S. worker. The petitioner's argument about working in an underserved area was deemed inapplicable as he is a dental surgeon, not a physician eligible for that specific statutory waiver.
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