Case Study: NIW Appeal Dismissed because the Petitioner Did not Meet the Burden of Proof on the Third Prong of NYDOT Case–Past Achievements.
by Victoria Chen, Esq., J.D.
Background: This petition seeks to classify the petitioner pursuant to section 203(b)(2) of the Immigration and Nationality Act, as an alien of exceptional ability or a member of the professions holding an advanced degree. The petitioner asserts that an exemption from the requirement of a job offer, and thus of a labor certification, is in the national interest of the United States.
USCIS Decision: : The director found that the beneficiary does not qualify for Read more [...]