Date of Decision: December 15, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Education
Petitioner Information
Profession: Educational Consultant
Field: Early Childhood Education
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner qualifies as a member of the professions holding an advanced degree.
Criteria Not Met:
- National Importance: The petitioner did not sufficiently demonstrate that her proposed endeavor has national importance.
- Well Positioned to Advance: The petitioner did not sufficiently demonstrate that she is well positioned to advance her proposed endeavor.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to serve as an educational consultant specializing in early childhood education, focusing on developing research and providing educational services for children with special needs, particularly in low-income communities. She aimed to play a key role in advancing studies and ensuring the provision of quality educational services.
Substantial Merit and National Importance:
While the petitioner’s work in early childhood education has substantial merit, the evidence did not sufficiently demonstrate the national importance of her specific proposed endeavor. The petitioner emphasized the shortage of teachers in states like Illinois and Florida and highlighted the importance of special education for children with special needs. However, the petitioner did not provide sufficient evidence to support the claim that her specific consulting work would have a broader impact beyond her immediate professional circle or significantly affect the national education system. The Director concluded that the petitioner’s proposed endeavor, while valuable, did not demonstrate a level of national importance as required under the Dhanasar framework.
Well Positioned to Advance the Proposed Endeavor:
The petitioner provided documentation of her professional experience, articles supporting the need for more teachers, and letters of support from colleagues and instructors. However, the evidence was insufficient to demonstrate that she is well positioned to advance her proposed endeavor. The petitioner did not provide specific information about how her work would lead to significant employment opportunities or substantial economic benefits on a national scale. The Director noted that the letters of support focused more on the petitioner’s skills and dedication rather than providing evidence of her broader impact on the field of special education.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not provide adequate justification for waiving the labor certification process. The evidence was insufficient to prove the national interest in the petitioner’s contributions. The petitioner’s appeal emphasized the importance of special education but did not sufficiently address how her specific endeavor would resolve the teacher shortage or create substantial positive economic effects.
Supporting Evidence:
The petitioner submitted articles, letters of support, and descriptions of her professional experience. However, these were not sufficient to demonstrate the national importance of her proposed endeavor or that she is well positioned to advance it.
Inconsistencies in Proposed Endeavor:
The petitioner’s evidence did not sufficiently demonstrate the potential broader impact of her proposed endeavor. The appeal did not include sufficient documentation to establish how her consulting services would have a significant impact on the national education system or economy.
Supporting Documentation
Letters of Intent: Not provided
Business Plan: Not provided or summarized in the decision
Advisory Letter: Not provided
Other Supporting Documentation: Included articles, letters of support, and descriptions of professional experience, which were insufficient to establish the broader national importance of the petitioner’s proposed endeavor.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not establish that her proposed endeavor has national importance or that it would be beneficial to waive the labor certification process. The petitioner did not demonstrate eligibility for or merit a national interest waiver as a matter of discretion.
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