EB-2 NIW Dismissed — Software Engineering (2008): did not establish he would serve the national interest to a
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that he would serve the national interest to a substantially greater degree than a minimally qualified U.S. worker, as required by the third prong of the Matter of New York State Dept. of Transportation framework. The submitted evidence, including witness letters from employers and colleagues, was deemed insufficient to demonstrate a broader impact on the field beyond his specific employers. A claim regarding membership in a prestigious association was also dismissed for lack of supporting documentation about the membership criteria.
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