我自己的部分NIW申辯。希望老兄能給律師一口飯吃啊:)

The labor certification procedure is not designed to enable an employer to identify the best-qualified individual for a specific occupation, but rather seeks only to identify the availability of minimally qualified applicants in the labor pool. The process seeks to determine whether within a geographically specific labor pool, there is a single interested U.S. worker meeting the minimum position requirements. The minimum qualifications are generally determined by the Labor Department and any restricting qualifications suggested by the employer who might otherwise enhance the quality of production or job performance is severely scrutinized in order to protect the minimally qualified U.S. worker. If a minimally qualified U.S. applicant can be identified, then labor certification will not be issued. However, the identified U.S. worker may not be the best-qualified candidate for the position because factors such as innovative set of expertise, research vision, independent creativity and initiative are not and cannot be included in a labor certification application.