EB-2 NIW Sustained — Microbiology (2006): the motion to reopen was granted, the prior dismissal was
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Decision Summary
The motion to reopen was granted, the prior dismissal was withdrawn, and the petition was ultimately approved. The AAO found the petitioner satisfied all three prongs of the national interest waiver test, concurring with the director on the first two (intrinsic merit and national scope). The AAO determined the petitioner's past record, including developing diagnostic tests with a pending patent and influencing major industry players, demonstrated she would serve the national interest to a substantially greater degree than a minimally qualified U.S. worker.
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