dismissed EB-2 NIW Case: Public Health
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 HIV/AIDS outreach was acknowledged as being in an area of substantial intrinsic merit and national 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. General arguments about the importance of the field were deemed insufficient to meet the required standard.
Criteria Discussed
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