dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Special Education
Decision Summary
The appeal was dismissed because the petitioner, a special education teacher, failed to establish that a waiver of the job offer requirement was in the national interest. Although the director acknowledged the petitioner qualified as a member of the professions holding an advanced degree, the petitioner did not demonstrate that he would serve the national interest to a substantially greater degree than a minimally qualified U.S. worker, which is a key requirement under the NYSDOT framework.
Criteria Discussed
Substantial Intrinsic Merit National In Scope Alien Will Serve The National Interest To A Substantially Greater Degree Than Would An Available U.S. Worker
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