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dismissed EB-2 (NIW)

Special Education Teacher

Special Education Teacher · Brazil · 2024-07-17

Decision Date
2024-07-17
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 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.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit in education but lacks national importance as it does not impact the industry more broadly.

2 Well-positioned to Advance the Endeavor Not Met

The AAO reserved this finding but noted the Director's original negative determination.

3 On Balance, Beneficial to Waive Job Offer Not Met

The AAO did not reach this prong as the first was not satisfied.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her endeavor, as the impact was localized to her school and students. Additionally, the AAO withdrew the Director's finding that she qualified as an advanced degree professional, noting her 2005 licentiate degree was not equivalent to a U.S. bachelor's degree.

Evidence

Evidence Types
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: 2024-07-17.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

EB-2 (NIW) Overview EB-2 (NIW) in Brazil All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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