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. Although the petitioner's work in high energy physics was found to have intrinsic merit and be national in scope, he did not establish that he would serve the national interest to a substantially greater degree than a minimally qualified U.S. worker. The decision noted a lack of citation evidence to prove the influence of his publications and considered his peer review activities a routine part of research.
Criteria Discussed
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