Dismissed
EB-2 NIW
EB-2 NIW Dismissed — Special Education (2013): did not establish eligibility for a National Interest Waiver
Filing your own EB-2 NIW? See how your CV maps to the criteria this decision turned on — free strategy preview.
Decision Summary
The appeal was dismissed because the petitioner failed to establish eligibility for a National Interest Waiver. The director found the petitioner qualified as a member of the professions with an advanced degree equivalent, but the petitioner did not demonstrate that a waiver of the job offer requirement was in the national interest under the governing NYSDOT framework. The petitioner's counsel focused on claims of exceptional ability, which is insufficient on its own to warrant a waiver.
See how a decision like this gets cited in an EB-2 NIW petition →Criteria Discussed
Substantial Intrinsic Merit National In Scope Serving National Interest To A Substantially Greater Degree Than A U.S. Worker
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Filing your own EB-2 NIW? Learn from this denial.
Upload your CV and see how your profile maps to the criteria the AAO flagged here — free strategy preview, no credit card.
Map Your CV to These Criteria →No credit card required.