EB-2 NIWEducation and academiaIndividualDecided October 2023Dismissed
Outcome: Dismissed
OCT022023_03B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Special education teacher sought EB-2 national interest waiver for proposed teaching work. AAO dismissed appeal because petitioner failed to establish national importance of her specific proposed endeavor; shortage in special education field and generic work did not demonstrate broader implications or substantial positive economic effects required.
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 specific proposed work as special educator lacks national importance; field shortage does not establish specific endeavor impact or broader implications.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner's specific proposed work as special educator lacks national importance; field shortage does not establish specific endeavor impact or broader implications. |
 Well positioned | Not reached / not discussed | Not reached because petitioner failed first Dhanasar prong; decision reserves consideration of second and third prongs. |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed first Dhanasar prong; decision reserves consideration of second and third prongs. |
A published decision describes one case. It is not legal advice and not a prediction for yours.