Dismissed
EB-2 NIW
EB-2 NIW Dismissed — Education (2014): did not establish she meets the criteria for a National
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Decision Summary
The appeal was dismissed because the petitioner, a teacher, failed to establish that she meets the criteria for a National Interest Waiver. While teaching is a field of intrinsic merit, the petitioner's general assertions about the importance of education were insufficient to prove she would serve the national interest to a substantially greater degree than a minimally qualified U.S. worker. The decision clarified that a shortage of U.S. workers is not grounds for a waiver, but rather a matter for the labor certification process.
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Substantial Intrinsic Merit National In Scope Alien Will Serve The National Interest To A Substantially Greater Degree Than An Available U.S. Worker
📄 Original decision (USCIS PDF)
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