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EB-2 NIWEducation and academiaIndividualDecided June 2026Dismissed

Outcome: Dismissed

JUN042026_03B5203

Merit and national importanceMetWell positionedMetBalance favors a waiverNot met

Our summary

High school mathematics teacher with fifteen years experience seeks NIW for EB-2 to develop hybrid and distance learning instructional framework. AAO dismissed appeal because petitioner failed to address USCIS findings on the third Dhanasar prong and waived the issue by failing to contest specific conclusions about impracticality of labor certification and national benefit.

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

  • Merit and national importance · USCIS found substantial merit and national importance established; decision did not disturb this.
  • Well positioned · USCIS found petitioner well-positioned to advance the proposed endeavor.

What was missing

  • Balance favors a waiver · USCIS concluded evidence did not show waiving job offer requirement would benefit US on balance.

Criteria

CriterionReadingWhy
Merit and national importanceMetUSCIS found substantial merit and national importance established; decision did not disturb this.
Well positionedMetUSCIS found petitioner well-positioned to advance the proposed endeavor.
Balance favors a waiverNot metUSCIS concluded evidence did not show waiving job offer requirement would benefit US on balance.

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

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