dismissed EB-2 (NIW)
Special Needs Educator At An Elementary School
Education · 2025-01-07
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 proposes to continue working in the United States as a special needs educator at an elementary school. The work focuses on providing specialized instruction and support within the field of special education.
Framework Evaluation
0 of 3 criteria met1 Substantial Merit and National Importance Not Met
The petitioner failed to demonstrate that the proposed endeavor of being a special needs educator has national importance.
Why This Petition Was Denied
The motion was dismissed because the petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. Specifically, the petitioner did not demonstrate the national importance of the proposed endeavor under the first prong of the Dhanasar framework, and the motion largely repeated previous arguments and evidence.
Evidence
Evidence Types
Reference Letters Dependent
Original Contributions
Similar Cases
Teacher
Education
USCIS EB-2 (NIW) rfe dismissed
2024-08-16
The petitioner proposes to open a special education support office where she will provide psychopedagogical support, offer consultancy on adapting materials for special education, and deliver lectures on education for children with special needs.
Teacher
Education
USCIS EB-2 (NIW) rfe dismissed
2024-12-11
The petitioner's proposed endeavor involves working as a special education teacher. The petitioner sought to clarify the scope of this endeavor, contending it has national importance due to intrinsic societal benefits.
Elementary School Teacher
Education · Brazil
USCIS EB-2 (NIW) dismissed
2024-07-17
The petitioner proposes to work as an inclusive special education teacher in the public school system at the elementary level. She aims to provide special education services in the classroom and assist educators in implementing effective learning methods and strategies for children with physical and intellectual handicaps.
Teacher
Education
USCIS EB-2 (NIW) dismissed
Texas 2025-02-26
The petitioner proposes to establish a multidisciplinary space with a responsive approach, focused on the neurodevelopment and psychomotor skills of children with special needs in Texas. The company will offer a full range of services from initial assessment to intervention and ongoing monitoring, ensuring holistic and continuous support for each child.
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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-01-07.
Browse all casesAt 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
Get Case Insights
Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.
Join Waitlist