Date of Decision: December 19, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Early Childhood Education
Petitioner Information
Profession: Early-Childhood Educator
Field: Early Childhood Education
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- None: The petitioner did not meet the criteria required to establish eligibility as an advanced degree professional or as an individual of exceptional ability.
Criteria Not Met:
- Advanced Degree: The petitioner did not provide sufficient evidence to demonstrate that they hold the foreign equivalent of a U.S. advanced degree. The petitioner’s degree from Uzbekistan was found not to meet the requirements of an advanced degree in the United States.
- National Importance: The petitioner did not sufficiently demonstrate that the proposed endeavor has national importance. The petitioner’s proposal shifted significantly from the initial application, leading to a lack of clarity regarding the endeavor’s merit and national impact.
Key Points from the Decision
Proposed Endeavor:
The petitioner initially proposed to work as an independent consultant in the field of educational system-related workshop training. Later, the petitioner shifted the focus to operating a preschool facility aimed at impacting early childhood education, addressing education disparities, and promoting health and well-being.
Substantial Merit and National Importance:
The Director found that the petitioner’s proposed endeavor lacked the specificity required to demonstrate national importance. The petitioner’s plan changed from being an independent consultant to becoming an owner/operator of a daycare or preschool facility, creating ambiguity about the nature and scope of the endeavor. The transformation from consultant to entrepreneur introduced significant uncertainty, making it impossible to evaluate the endeavor’s merit and national importance under the Dhanasar framework.
Well Positioned to Advance the Proposed Endeavor:
The petitioner did not provide sufficient evidence to demonstrate that they are well positioned to advance the proposed endeavor. The inconsistent nature of the proposed plans and the lack of clear documentation regarding qualifications and experience further undermined the petitioner’s case.
On Balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
This aspect was not reached in the analysis, as the petitioner did not satisfy the national importance prong of the Dhanasar framework.
Supporting Evidence:
The petitioner submitted various documents, including an affidavit, educational credential evaluations, a personal plan, and recommendation letters. However, these were not sufficient to demonstrate the national importance of the proposed endeavor or the petitioner’s eligibility as an advanced degree professional.
Inconsistencies in Proposed Endeavor:
The petitioner’s evidence did not sufficiently demonstrate a consistent and specific proposed endeavor. The shift from consultant to entrepreneur introduced ambiguity that prevented a thorough analysis of the endeavor’s merit and national importance.
Supporting Documentation
Letters of Intent: Not provided
Business Plan: Not provided or summarized in the decision
Advisory Letter: Provided but not sufficiently detailed to support the claim of national importance
Other Supporting Documentation: Included an affidavit, educational credential evaluations, a personal plan, and recommendation letters, which were insufficient to establish the petitioner’s eligibility or the national importance of the proposed endeavor.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not establish that their proposed endeavor has national importance or that they are well-positioned to advance it. Additionally, the petitioner did not demonstrate eligibility as an advanced degree professional, and thus did not meet the criteria for a national interest waiver.
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