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dismissed EB-2 (NIW)

Special Education Teacher

Education · 2024-04-29

Decision Date
2024-04-29
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Proposed Endeavor

The petitioner is a special education teacher who proposes to implement an inclusive education model and use specific tools she created to aid students with special needs. The endeavor aims to address the nationwide shortage of special needs educators and provide scalable educational practices.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor's benefits were found to be localized to the petitioner's school and did not demonstrate a broader impact on the field of special education.

Why This Petition Was Denied

The appeal and subsequent motions were dismissed because the petitioner failed to establish the national importance of her endeavor under the first prong of Dhanasar. While her work significantly benefited her local school community, she did not provide objective evidence that her methods would impact the special education field more broadly or have national implications.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions

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Frequently Asked Questions

A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-04-29.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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