Date of Decision: July 31, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Bilingual Education
Petitioner Information
Profession: Bilingual French Educator
Field: Bilingual Education
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Intrinsic Merit: The petitioner’s work in bilingual education meets the criterion of substantial intrinsic merit, as it contributes to the field of bilingual education.
- National Scope: The proposed benefits of the petitioner’s work, such as developing teaching seminars for a network of French-American and international schools, are national in scope.
Criteria Not Met:
- Greater Benefit than U.S. Worker: The petitioner did not establish that she would serve the national interest to a substantially greater degree than an available U.S. worker with the same minimum qualifications.
- Demonstrable Influence on the Field: The petitioner’s contributions did not demonstrate a level of influence on the field as a whole.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to enhance bilingual education through her role as a French Curriculum Program Coordinator, developing teaching seminars and collaborating with other educational institutions.
Substantial Merit and National Importance:
The petitioner’s work was recognized as having substantial intrinsic merit and national importance. However, the evidence presented did not show that her contributions were unique or had a significant impact on the field beyond her immediate work environment.
Supporting Evidence:
- Letters of Support: The petitioner submitted several letters of support from her colleagues and supervisors, emphasizing her pedagogical skills and contributions to bilingual education.
- Professional Achievements: Despite her achievements in developing educational tools and organizing seminars, there was insufficient evidence to prove that her work had a lasting impact on the field of bilingual education on a national level.
Inconsistencies in Proposed Endeavor:
The petitioner’s claims about the national impact of her work were not sufficiently supported by documentary evidence. Assertions made by her supporters lacked specificity and corroborating documentation.
Supporting Documentation
Letters of Intent:
- The petitioner’s letters of support highlighted her role in developing curriculum and contributing to educational seminars, but lacked concrete examples of her work’s broader impact.
Business Plan:
- Not applicable.
Advisory Letter:
- The letters did not provide specific evidence of how the petitioner’s contributions influenced the field of bilingual education as a whole.
Any Other Supporting Documentation:
- The petitioner submitted academic records and professional teaching certifications, but these alone were not sufficient to establish eligibility for the national interest waiver.
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not demonstrate that her work had a significant national impact or that she would benefit the national interest to a greater extent than a qualified U.S. worker.
