EB-2 NIWEducation and academiaIndividualDecided 2018Dismissed
Outcome: Dismissed
AUG012018_01B5203
Merit and national importanceNot metWell positionedMetBalance favors a waiverNot reached / not discussed
Our summary
A high school science teacher sought EB-2 NIW classification to teach in rural North Dakota. Under Dhanasar, the petitioner proved well-positioned to advance science education but failed to demonstrate national importance; the work's benefit was local or state-level. The appeal was dismissed for failing the first prong.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
What the AAO accepted
- Well positioned · Petitioner's qualifications, experience, and commitment to science education demonstrate ability to advance the endeavor.
What was missing
- Merit and national importance · Teaching high school science in underserved area has merit but lacks national-level impact beyond school or district.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Teaching high school science in underserved area has merit but lacks national-level impact beyond school or district. |
 Well positioned | Met | Petitioner's qualifications, experience, and commitment to science education demonstrate ability to advance the endeavor. |
 Balance favors a waiver | Not reached / not discussed | Because first prong fails, analysis of balancing factors would serve no meaningful purpose. |
A published decision describes one case. It is not legal advice and not a prediction for yours.