Date of Decision: August 8, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Education and Journalism
Petitioner Information
Profession: Education Researcher and Assistant Professor
Field: Journalism and Communication
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
The Petitioner demonstrated substantial merit in her proposed work to improve the educational success of remedial university students.
Criteria Not Met:
The Petitioner did not demonstrate that her work has national importance.
The Petitioner did not establish that she is well positioned to advance her proposed endeavor.
Key Points from the Decision
Proposed Endeavor:
The Petitioner aimed to continue her research and development related to strategies for improving the educational success of remedial university students, focusing on developing teaching techniques to counter low information literacy skills.
Substantial Merit and National Importance:
The Petitioner’s proposed work has substantial merit, particularly in addressing the educational challenges of remedial university students. However, the evidence did not demonstrate that this work offers benefits extending beyond her immediate environment to impact the field of education on a national level.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process
The Petitioner did not establish that her work as an education researcher would have a national impact, a requirement for meeting the first prong of the Dhanasar framework. Furthermore, the Petitioner did not demonstrate a record of success or progress in her field to establish that she is well positioned to advance her proposed endeavor.
Supporting Evidence:
The Petitioner provided letters from colleagues, academic credentials, published articles, conference presentations, citation reports, and reference letters discussing her research experience and projects.
Inconsistencies in Proposed Endeavor:
The primary issue was the lack of evidence showing the national importance of the Petitioner’s work and the degree of interest from relevant parties in her proposed endeavor.
Supporting Documentation
Letters of Intent: Not applicable in this case.
Business Plan: Not applicable in this case.
Advisory Letter: Not applicable in this case.
Any Other Supporting Documentation: Not applicable in this case.
Conclusion
The appeal was dismissed. The Petitioner did not establish that her proposed endeavor has national importance or that she is well positioned to advance her proposed endeavor, key requirements for the national interest waiver under the Dhanasar framework.
