sustained EB-2 NIW Case: Nanotechnology

Decision Summary

The appeal was sustained because the petitioner successfully demonstrated satisfaction of the third prong of the national interest waiver test. While the director had already conceded the petitioner's work in nanotechnology was of substantial merit and national scope, the AAO found that the evidence, including letters from independent experts, showed a past history of significant achievements and influence on the field, justifying the conclusion that the petitioner would benefit the national interest to a greater degree than a minimally qualified U.S. worker.

Criteria Discussed

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