Outcome: Dismissed
JUN042026_03B5203
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
| Criterion | Reading | Why |
|---|---|---|
| Met | USCIS found substantial merit and national importance established; decision did not disturb this. | |
| Met | USCIS found petitioner well-positioned to advance the proposed endeavor. | |
| Not met | USCIS 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.
