EB-2 NIW Dismissed — Physics: 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, which requires showing that the alien will serve the national interest to a substantially greater degree than a U.S. worker with the same minimum qualifications. While the petitioner's work in high-energy physics was acknowledged as having intrinsic merit and being national in scope, the AAO found insufficient evidence of a past history of achievement influencing the field as a whole. The petitioner's publication record lacked a citation history to demonstrate impact, and participation in peer review was considered a routine activity for researchers.
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