NIW Bearings
dismissedJUN162021_03B52032021-06-16 · appeal · Nebraska 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 physics teacher with prior national-level accolades abroad, proposed to teach middle and high school science courses in Arizona and provide supplemental professional development training to fellow science teachers.

Field: physics/science education · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director and AAO agreed the Petitioner qualifies as a member of the professions holding an advanced degree (master's in physics).

Prong 1 — national importancenot established · dispositive

Several of the documents submitted initially point to a local emphasis for the Petitioner's work.
With respect to the stated shortage of physics teachers in Arizona, we agree with the Director that the labor certification process exists to address such shortages.
While science education is important in the aggregate, in Dhanasar we determined that the activities of one science teacher does not rise to the level of national importance.
The identical language in the submitted letters undermines their probative value.
The Petitioner has provided minimal details about her proposed endeavor beyond teaching physics and other science classes at the middle and high school levels.
Even then, the Petitioner's revised plans lack detail and corroboration.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    The identical language in the submitted letters undermines their probative value.
    AAO decision text
  • awards · discounted
    the national interest waiver is not a reward for past accomplishments
    AAO decision text
  • resume experience · discounted
    her documented contributions have been predominantly at the local level since she arrived in the United States in 2016
    AAO decision text
  • other · discounted
    Substantial revision of the claim at the appellate level does not establish any such error
    AAO decision text

Where this case turned

  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Letters not independent · p1letters come from employers and close collaborators, not independent experts
  • Local, not national scope · p1impact confined to clients / a region
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

AAO cites a district court decision (Hamal v. DHS) on identical-language letters undermining probative value, and expressly declines to reach prong 3 under Bagamasbad/Matter of L-A-C-. The AAO also notes the Petitioner's O-1A extraordinary ability petition was previously approved by USCIS, but this did not affect the NIW analysis. The AAO emphasizes that substantially revised endeavor claims raised for the first time on appeal cannot establish Director error.

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 L-A-C-

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