NIW Bearings
dismissedJUL112018_01B52032018-07-11 · 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, sought to continue working in the U.S. teaching students with intellectual and communication disabilities and training other educators in effective learning methodologies.

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

EB-2 threshold — addressed

AAO found, without Director having addressed it, that Petitioner qualified as a member of the professions holding an advanced degree based on a bachelor's degree plus five years of progressive experience.

Prong 1 — national importancenot established · dispositive

“the record does not demonstrate that her proposed work will affect instructional practices, curricula, or teaching guidelines in field of special education more broadly”
“the reported shortage of special education teachers in the United States does not render the work of an individual teacher nationally important under the Dhanasar framework”
“The relevant question is not the importance of the field or profession in which the individual will work; instead we focus on the”
“the record does not demonstrate that the Petitioner's instructional activities offer benefits that extend beyond her school or institution to impact the field of special education more broadly”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “we consider information about her prospective positions to illustrate the capacity in which she intends to work”
    AAO decision text
  • media · discounted
    “a shortage alone does not demonstrate that waiving the requirement of a labor certification would benefit the United States”
    AAO decision text
  • resume experience · credited
  • other · credited

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
  • Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

AAO credited threshold EB-2 eligibility (advanced degree via experience) even though the Director's denial had not addressed it, then dismissed solely on national importance, including a footnote that occupational shortages are properly addressed through the labor certification process rather than the NIW analysis.

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)
  • Matter of E-M-

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