Date of Decision: February 12, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Dual Language Education
Petitioner Information
Profession: Dual Language Educator
Field: Bilingual Education
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The Petitioner’s endeavor as a dual-language educator was acknowledged to have substantial merit due to the importance of bilingual education.
Criteria Not Met:
- National Importance: The Petitioner did not sufficiently demonstrate the proposed endeavor’s impact at a national level beyond the immediate professional circle.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, a dual language Spanish educator, aims to offer customized consulting, coaching, and performance monitoring services across the United States. She plans to work as a formal doctor in education, producing and conducting original research, engaging in training dual-language and English teachers, and developing educational content.
Substantial Merit and National Importance:
While the Petitioner’s endeavor was recognized as having substantial merit, the evidence provided did not establish its national importance. The petition failed to demonstrate specific, broader impacts beyond the Petitioner’s immediate professional activities.
Supporting Evidence:
- Professional Plan: Describes activities such as consulting, researching, teaching, and developing educational content.
- Recommendation Letters: Several letters from coworkers and experts highlighted the theoretical merits of the Petitioner’s activities but lacked specific information on the national impact.
Inconsistencies in Proposed Endeavor:
The professional plan did not specify how the Petitioner would divide her time among various listed occupations, nor did it provide sufficient evidence of the potential national impact of her proposed activities.
Supporting Documentation
- Letters of Intent: Not provided.
- Business Plan: Not provided.
- Advisory Letter: Provided letters were deemed to have limited evidentiary weight due to their lack of specific information on the proposed endeavor’s national impact.
- Other Supporting Documentation: Various job and interview offers for positions as a bilingual grade school teacher.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not meet the first prong of the Dhanasar test, which requires demonstrating that the proposed endeavor has national importance. The evidence provided did not specify the national impact of the Petitioner’s activities, thus failing to meet the burden of proof required for a national interest waiver.
Download the Full Petition Review Here
