dismissedNOV272023_06B52032023-11-27 · 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 special education teacher, proposed to continue teaching special-needs students in U.S. public schools, develop early-childhood special education curricula, and eventually train other teachers and work at the graduate or government-agency level.
Field: special education teaching · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“However, she also has not provided sufficient documentation about the specifics of that endeavor or its impact to establish its national importance.”
“However, these factors relate to her endeavor's merit, not its national importance, which is a separate consideration under Dhanasar.”
“However, she has not established how her individual special education teaching activities will resolve this shortage or impact it on a level rising to national importance.”
“The Petitioner has provided no documentation quantifying any specific economic impact her individual endeavor will have.”
“The record does not document what impact the Petitioner's endeavor would have that would extend beyond her immediate circle of students and employers to affect the broader field of special education on a nationally important level.”
AAO decision text
Prong 2 — well positionednot established · dispositive
“As noted by the Director, the Petitioner lacks a plan or model for future activities.”
“she has not demonstrated a record of success in curriculum development, instructing other teachers, conducting research, or related activities on a scale extending beyond one classroom or school district.”
“the record does not establish that she has planned for or made any progress towards the other activities she names as part of her endeavor.”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“the support letters and the rest of the record do not document any impact the Petitioner has had or will have on the broader field of special education beyond her immediate professional circle.”
AAO decision text - degree · credited
- other · discounted
“There is no indication that the guidebook has been published or distributed, and the Petitioner does not name any specific plans to do so.”
AAO decision text - resume experience · discounted
“she has not demonstrated a record of success in curriculum development, instructing other teachers, conducting research, or related activities on a scale extending beyond one classroom or school district.”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- 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
- Business plan speculative · p2 — projections without a documented basis or steps
- No progress evidence · p2 — no documented movement toward the endeavor since filing
- Record of success insufficient · p2 — a claimed track record the documents do not establish
2,501coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds →
Notable
The AAO withdrew the Director's finding that the Petitioner materially changed her endeavor in her RFE response, but still found the endeavor's national importance unestablished due to lack of specificity. A footnote clarifies that occupational shortages are addressed through labor certification and do not alone establish national importance for a waiver.
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. 103.2(b)(1)
- 8 C.F.R. 103.3
- Matter of Izummi
- Matter of Katigbak
- Matter of L-A-C-
Cases in adjacent profiles
- The Petitioner, an assistant professor of Arabic, proposed to continue teaching Levantine-Modern Standard Arabic to U.S.
- The Petitioner, a secondary school teacher, proposed to develop and implement an open educational resource program to ex
- The Petitioner proposed to establish a consulting company in Missouri to design and implement a nationally adaptable tea
- The Petitioner, an arts, drama, and music teacher and entrepreneur, sought EB-2 classification as an individual of excep
- The petitioner, a mathematics teacher with 17 years of experience, proposed to operate a company offering online math tu