dismissedJAN042016_02B52032016-01-04 · 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 middle school math teacher, sought a national interest waiver of the job offer/labor certification requirement to continue teaching in her current classroom position.

Field: middle school mathematics education · Read the decision (uscis.gov)

EB-2 threshold — addressed

Petitioner established she qualifies as a member of the professions holding an advanced degree via bachelor's degree plus five years of progressive experience; issue of exceptional ability deemed moot.

Prong 1 — national importancenot established · dispositive

“The materials do not, however, establish that her work has or will result in significant benefits beyond her own classroom or set her apart from other competent and qualified teachers.”

“While these initiatives address the intrinsic merit of education, they do not exempt educators from NYSDOT or reduce its impact on them, and do not explain the impact of one teacher at the national level.”

“This finding is consistent with NYSDOT, which cited an elementary school teacher as an example of a meritorious occupation that would lack the requisite national scope to establish eligibility.”

AAO decision text

Prong 3 — balance of factorsnot established · dispositive

“In this instance, the Petitioner has submitted documentation of her work at the local level, including letters that reflect the positive impact she has had on her own students.”

“The record does not establish, however, that she has had a broader influence within her field.”

“The Petitioner has not established by a preponderance of the evidence that a waiver of the requirement of an approved labor certification will be in the national interest of the United States.”

AAO decision text

How the evidence was treated

recommendation letter · discounted
“The record does not establish, however, that she has had a broader influence within her field.”
AAO decision text
degree · credited
resume experience · credited
other · discounted
“they do not exempt educators from NYSDOT or reduce its impact on them, and do not explain the impact of one teacher at the national level.”
AAO decision text

Where this case turned

Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
Local, not national scope · p1 — impact confined to clients / a region
Record of success insufficient · p3 — a claimed track record the documents do not establish
U.S. worker availability · p3 — the impracticality of a labour-market test was asserted, not established

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Notable

The AAO invoked NYSDOT's own hypothetical example of an elementary school teacher lacking national scope as a direct analogy to the petitioner's situation, and rejected reliance on general policy statements about the importance of mathematics education (e.g., Bill Gates testimony, Secretary Duncan statement) as insufficient to establish individual national-level impact.

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(c)
INA 203(b)(2)
Matter of Otiende

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