dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Special Education
Decision Summary
The appeal was dismissed because the petitioner failed to establish eligibility for a National Interest Waiver. The director found the petitioner qualified as a member of the professions with an advanced degree equivalent, but the petitioner did not demonstrate that a waiver of the job offer requirement was in the national interest under the governing NYSDOT framework. The petitioner's counsel focused on claims of exceptional ability, which is insufficient on its own to warrant a waiver.
Criteria Discussed
Substantial Intrinsic Merit National In Scope Serving National Interest To A Substantially Greater Degree Than A U.S. Worker
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