EB-2 NIW Sustained โ Physics (2016): the appeal was initially denied because the petitioner
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Decision Summary
The appeal was initially denied because the petitioner failed to demonstrate he met the third prong of the NYSDOT national interest waiver framework, specifically lacking a nexus between his past influential research and his current work. Upon a motion to reopen, the petitioner submitted new evidence detailing his ongoing research, its application, and his future plans, which successfully established his influence and satisfied the criteria. Consequently, the AAO granted the motion and sustained the appeal.
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