dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Education
Decision Summary
The appeal was dismissed because the petitioner's primary argument was a local shortage of qualified math teachers, which is an issue the labor certification process is designed to address, not grounds for a national interest waiver. The petitioner failed to establish that the beneficiary's impact as a single schoolteacher would be national in scope, as required by the controlling precedent in Matter of New York State Dept. of Transportation.
Criteria Discussed
Employment In An Area Of Substantial Intrinsic Merit Proposed Benefit Will Be National In Scope Alien Will Serve The National Interest To A Substantially Greater Degree Than An Available U.S. Worker
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