NIW Bearings
dismissedDEC042018_02B52032018-12-04 · appeal · Texas 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, a special education teacher, proposed to work as a Special Education Instructional Coordinator, developing a new instructional model linking regular and special education language arts instruction.

Field: special education / education instructional design · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualified as a member of the professions holding an advanced degree; this was not disputed on appeal.

Prong 1 — national importancenot established · dispositive

the Petitioner has not sufficiently explained the nature of her endeavor to demonstrate its potential prospective implications
she has not indicated whether she intends to introduce her educational model...in her own classroom or school district, or whether she is proposing to implement or promote her project in some way on a larger scale within the field
the record does not show that the Petitioner's proposed endeavor offers benefits that impact the field of education more broadly
These letters do not address her future plans or otherwise discuss how her proposed endeavor is of national importance.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    These letters do not address her future plans or otherwise discuss how her proposed endeavor is of national importance.
    AAO decision text
  • degree · credited
  • certification membership · discounted
  • resume experience · discounted

Where this case turned

  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Letters not independent · p1letters come from employers and close collaborators, not independent experts
  • Local, not national scope · p1impact confined to clients / a region
1,581coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds

Notable

The AAO invokes the underlying facts of Dhanasar itself (footnote 5), noting that Dhanasar's own petitioner's teaching activities were found not to have national importance because they would not impact the field more broadly, using this as a direct analogy to reject the instant petitioner's claim.

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.

  • INA 203(b)(2)

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