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EB-2 NIWEducation and academiaEmployerDecided 2018Dismissed

Outcome: Dismissed

DEC042018_02B5203

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

Our summary

Elementary special education teacher sought NIW for EB-2 classification. AAO acknowledged merit of proposed instructional model but found no evidence of national importance or broader field impact, dismissing appeal under Dhanasar framework.

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 · Elementary teacher's language arts instructional model has merit but lacks broader field implications required for national importance

Criteria

CriterionReadingWhy
Merit and national importanceNot metElementary teacher's language arts instructional model has merit but lacks broader field implications required for national importance
Well positionedNot reached / not discussedFirst prong failed; no need to analyze remaining prongs
Balance favors a waiverNot reached / not discussedFirst prong failed; no need to analyze remaining prongs

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

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