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EB-2 NIWEducation and academiaIndividualDecided August 2021Dismissed

Outcome: Dismissed

AUG232021_02B5203

Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed

Our summary

Teacher with advanced degree sought NIW waiver for EB-2 classification to teach English language learners. AAO held proposed endeavor lacked national importance under Dhanasar first prong; teacher's work, though meritorious, impacts only specific school, not education field broadly or U.S. economy nationally.

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 · Petitioner's proposed work as English language teacher for second-language learners lacks national importance; benefits limited to individual school, not field broadly.

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetitioner's proposed work as English language teacher for second-language learners lacks national importance; benefits limited to individual school, not field broadly.
Well positionedNot reached / not discussedFirst prong failed; no meaningful purpose in analyzing second prong of Dhanasar framework.
Balance favors a waiverNot reached / not discussedFirst prong failed; no meaningful purpose in analyzing third prong of Dhanasar framework.

A published decision describes one case. It is not legal advice and not a prediction for yours.

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