dismissed EB-2 NIW Case: Special Education
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.
Criteria Discussed
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