Dismissed
EB-2 NIW
EB-2 NIW Dismissed — Special Education (2014): the petitioner argued that the No Child Left Behind Act of
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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).
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Substantial Intrinsic Merit National In Scope Serving The National Interest To A Substantially Greater Degree Than A U.S. Worker
📄 Original decision (USCIS PDF)
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