EB-2 NIW Dismissed โ Pulmonology And Critical Care (2016): did not meet the third prong of the governing NYSDOT
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Decision Summary
The appeal was dismissed because the petitioner failed to satisfy the third prong of the governing NYSDOT framework. While the petitioner's work was found to be in an area of substantial intrinsic merit and national in scope, she did not establish that her past work had influenced the field as a whole to a degree greater than an available U.S. worker. The provided reference letters were deemed insufficient to prove her findings had been widely implemented or had a significant impact.
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