dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Special Education
Decision Summary
The appeal was dismissed because the petitioner argued that the No Child Left Behind Act of 2001 (NCLBA) created a new standard for national interest waivers for educators. The AAO rejected this argument, stating that the NCLBA does not define 'national interest' for immigration purposes, does not mention the waiver, and therefore does not replace the established three-prong test from Matter of New York State Dep't of Transportation (NYSDOT).
Criteria Discussed
Substantial Intrinsic Merit National In Scope Serving The National Interest To A Substantially Greater Degree Than A U.S. Worker
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Avoid the mistakes that led to this denial
MeritDraft guides you through USCIS criteria so your draft is organized around the right evidence, legal framing, and common denial patterns.
Start a Stronger Draft →No credit card required. Generate your first petition draft in minutes.