dismissed EB-2 NIW Case: Surgery
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.
Criteria Discussed
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