EB-2 NIWEducation and academiaIndividualDecided March 2024Dismissed
Outcome: Dismissed
MAR292024_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Special education teacher seeking NIW to operate special education services business. Claimed endeavor creates jobs and serves national need. AAO held endeavor has substantial merit but lacks national importance; projected job creation and revenues insufficient to demonstrate benefits beyond immediate students and customers.
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 · Endeavor has substantial merit but lacks national importance; special education services benefit immediate students only, not broader implications.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Endeavor has substantial merit but lacks national importance; special education services benefit immediate students only, not broader implications. |
 Well positioned | Not reached / not discussed | Not reached; national importance failure dispositive. |
 Balance favors a waiver | Not reached / not discussed | Not reached; national importance failure dispositive. |
A published decision describes one case. It is not legal advice and not a prediction for yours.