EB-2 NIWEducation and academiaIndividualDecided August 2021Dismissed
Outcome: Dismissed
AUG092021_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Education specialist sought national interest waiver for EB-2 classification. AAO dismissed appeal, finding the proposed endeavor of professionalizing teachers lacked sufficient specificity and documentation to meet the first prong of Dhanasar framework requiring substantial merit and national importance. AAO also found willful material misrepresentation regarding professional research experience.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
No criterion in the table was found met in this decision.
What was missing
- Merit and national importance · Proposed endeavor lacked specificity; petitioner did not demonstrate national importance beyond general education field focus
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor lacked specificity; petitioner did not demonstrate national importance beyond general education field focus |
 Well positioned | Not reached / not discussed | First prong failed; second prong not analyzed as decision found no need for further meaningful analysis |
 Balance favors a waiver | Not reached / not discussed | Third prong not addressed; petitioner did not raise arguments regarding this prong on appeal |
A published decision describes one case. It is not legal advice and not a prediction for yours.