Dismissed
EB-2 NIW
EB-2 NIW Dismissed — Surgery: did not establish an exemption from the job offer
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that an exemption from the job offer requirement would be in the national interest of the United States. While the director conceded that the petitioner's work as a general surgeon is an area of intrinsic merit, the petitioner did not prove he meets the other prongs of the national interest waiver test, specifically that he would serve the national interest to a substantially greater degree than an available U.S. worker with the same minimum qualifications.
See how a decision like this gets cited in an EB-2 NIW petition →Criteria Discussed
Substantial Intrinsic Merit National In Scope Serve The National Interest To A Substantially Greater Degree Than A U.S. Worker Past Record Justifying Future Benefit
📄 Original decision (USCIS PDF)
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