sustained EB-2 NIW Case: Microbiology

Decision Summary

The appeal was sustained upon a motion to reopen, which established that a brief had been timely filed. The AAO found that the petitioner's research in microbiology, specifically developing vaccines and diagnostic tests for poultry diseases, was of substantial intrinsic merit and national in scope. Unlike the director, the AAO concluded that the petitioner's past achievements and influence in the field demonstrated she would benefit the national interest to a greater degree than a minimally qualified U.S. worker, thus satisfying the third prong of the national interest waiver test.

Criteria Discussed

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