EB-2 NIW Dismissed โ Petroleum Engineering (2001): did not meet the third prong of the national interest
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Decision Summary
The appeal was dismissed because the petitioner failed to meet the third prong of the national interest waiver test. While the beneficiary's work in flow assurance for oil recovery was deemed to have intrinsic merit and be national in scope, the petitioner did not establish that the beneficiary would serve the national interest to a substantially greater degree than a qualified U.S. worker. The petitioner's arguments regarding labor shortages were rejected, as the AAO determined that such claims should be addressed through the labor certification process.
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