Dr. ### will serve the national interest to a substantially greater degree
than would an available U.S. worker having the same minimum qualifications.
Dr. ###』s unique qualifications make his case appropriate for granting of a
national interest waiver under Matter of New York State Department of
Transportation. That case indicated that a petition should be granted where
the petition demonstrates that it will suffer a 「substantial disruption」 if
a national interest waiver is not granted and the petitioner is required to
test the U.S. labor market through the labor certification process.