NIW Bearings
dismissedAPR032024_04B52032024-04-03 · appeal · Nebraska Service Center

This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.

The Petitioner, holding a master's degree in conflict resolution and coexistence, sought to work in the United States as a secondary school English/language teacher.

Field: secondary school / ESL teaching · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualified as an advanced degree professional based on his master's degree; this was not disputed on appeal.

Prong 1 — national importancenot established · dispositive

the Petitioner did not identify a specific proposed endeavor other than stating a goal to be a secondary school language teacher in the United States
in determining national importance, the relevant question is not the importance of the industry, field, or profession in which an individual will work
the record does not establish that the Petitioner's teaching activities have the potential to extend beyond his students at a level commensurate with national importance

AAO decision text

Where this case turned

  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO relied heavily on Dhanasar's own facts (a teacher whose activities did not extend beyond his students) as direct precedent to reject this Petitioner's teaching endeavor. The Petitioner mischaracterized the matter partly as a motion to reconsider an AAO decision, but AAO clarified it was properly an appeal of the Director's denial under 8 C.F.R. 103.3.

Authorities this decision leans on

From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.

  • 8 C.F.R. 103.3
  • 8 C.F.R. 103.5
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles