dismissedJAN142016_02B52032016-01-14 · 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 who previously founded a school for the deaf in the Philippines, sought to continue working as a special education teacher in Maryland.
Field: special education · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“We find the Petitioner has not shown that the benefits of her proposed work are national in scope.”
“They do not, however, state or imply that the work of one teacher significantly contributes to those goals”
“NYSDOT, which cited a classroom teacher as an example of a meritorious occupation that would lack the requisite national scope”
AAO decision text
Prong 3 — balance of factorsnot established · dispositive
“The record does not establish, however, that she has had a broader impact within her field.”
“no evidence was submitted to show the originality of her methods or programs, or to demonstrate that they have had an effect on the field of special education”
“the inapplicability or unavailability of a labor certification cannot be viewed as sufficient cause for a national interest waiver”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“The record does not establish, however, that she has had a broader impact within her field.”
AAO decision text - awards · discounted
“the Petitioner did not demonstrate that her awards are indicative of such influence”
AAO decision text - other · discounted
“The Petitioner submits no evidence that Congress intended for the NCLBA to affect the adjudication of national interest waiver applications.”
AAO decision text - certification membership · discounted
“no evidence was submitted to show the originality of her methods or programs”
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
Applies pre-Dhanasar NYSDOT three-prong test; AAO explicitly notes NYSDOT itself cites a classroom teacher as an example lacking national scope. Decision states each ground is an independent and alternate basis for dismissal.
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.
- Matter of Otiende
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