EB-2 NIW Dismissed — Special Education (2010): did not establish a waiver of the job offer requirement was
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 that a waiver of the job offer requirement was in the national interest. The petitioner's primary argument regarding a national shortage of special education teachers was determined to be a justification for the labor certification process, not a reason to waive it. The AAO stated that eligibility must rest on the individual's merits proving they will serve the national interest to a substantially greater degree than a minimally qualified U.S. worker, rather than on the general importance of the occupation.
See how a decision like this gets cited in an EB-2 NIW petition →Criteria Discussed
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.