dismissed EB-2 NIW Case: Physics
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.
Criteria Discussed
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Avoid the mistakes that led to this denial
MeritDraft guides you through USCIS criteria so your draft is organized around the right evidence, legal framing, and common denial patterns.
Start a Stronger Draft →No credit card required. Generate your first petition draft in minutes.