dismissed EB-2 NIW Case: Pharmacology
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that a waiver of the job offer requirement would be in the national interest. The director found, and the AAO agreed, that the petitioner did not meet the three-prong test established in Matter of New York State Dept. of Transportation. The evidence provided, including witness letters that were mischaracterized as independent, was insufficient to demonstrate that the petitioner would serve the national interest to a substantially greater degree than a qualified U.S. worker.
Criteria Discussed
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