sustained EB-2 NIW Case: Biomedical Engineering
Decision Summary
The appeal was sustained because the original denial was based on errors of fact, including a discussion of evidence from another case. Upon de novo review, the AAO found the Petitioner satisfied all three prongs of the NYSDOT test, demonstrating that his research in biomedical engineering has substantial intrinsic merit, is national in scope, and that his past achievements and significant contributions, as attested by expert letters, establish he will serve the national interest to a greater degree than a minimally qualified U.S. worker.
Criteria Discussed
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