dismissedJUN142021_01B52032021-06-14 · 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 sought to work as a public school teacher in Oregon, teaching English, ESL, Spanish, and philosophy to English language learners, using a personalized 'Philosophy for Children' teaching methodology.
Field: ESL/bilingual education and philosophy teaching · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the relevant question is not the importance of the field or profession in which the individual will work; instead we focus on the "the specific endeavor that the foreign national proposes to undertake."”
“the Petitioner's evidence is insufficient to show that his proposed work has broader implications for his field, as opposed to being limited to the students at the school where he intends to teach.”
“this reported shortage does not render the work of an individual teacher nationally important under the Dhanasar framework.”
“the record does not demonstrate that the Petitioner's proposed teaching activities offer benefits that extend beyond his particular school to impact the field of education more broadly.”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“does not explain how his proposed work as an Oregon public school teacher involves undertaking research and disseminating his findings to others in the field.”
AAO decision text - resume experience · ignored
“relate to the second prong of the Dhanasar framework, which "shifts the focus from the proposed endeavor to the foreign national."”
AAO decision text - media · discounted
“this reported shortage does not render the work of an individual teacher nationally important under the Dhanasar framework.”
AAO decision text - certification membership · discounted
“relate to the second prong of the Dhanasar framework, which "shifts the focus from the proposed endeavor to the foreign national."”
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
- Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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Notable
The AAO reasoned that occupational shortages are addressed through the labor certification process itself, so a shortage argument cannot independently justify waiving that process. It also cited Dhanasar's own facts (a teacher whose activities were found not nationally important) as directly analogous precedent within the same decision.
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. 204.5(k)(2)
- INA 203(b)(2)
- INA 291
- Poursina v. USCIS
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