Date of Decision: January 19, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Education
Petitioner Information
Profession: Educational Researcher
Field: Gifted Education
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit: The Petitioner established that her proposed endeavor has substantial merit in the field of gifted education.
Criteria Not Met:
National Importance: The Petitioner did not sufficiently demonstrate that her proposed endeavor has national importance.
Balance of Benefits: The Petitioner did not establish that waiving the job offer requirement would be beneficial to the United States on balance.
Key Points from the Decision
Proposed Endeavor
The Petitioner proposed to work as the director of student life and continue conducting research in gifted education at a STEM-focused high school. Her role included mentoring students, conducting research on the effectiveness of the school’s research program, and studying educational practices in other countries.
Substantial Merit and National Importance:
Substantial Merit: The endeavor to improve educational practices through research in gifted education was acknowledged as having substantial merit.
National Importance: The endeavor was not found to have national importance. The evidence provided did not sufficiently demonstrate how the Petitioner’s work would impact the field of education or broader U.S. interests on a national level.
Supporting Evidence:
The Petitioner submitted a personal statement, letters of recommendation, evidence of peer-reviewed publications, and an employment agreement outlining her duties. While these documents highlighted her qualifications and past contributions, they did not establish the broader national impact of her proposed activities.
Inconsistencies in Proposed Endeavor
The Petitioner’s proposed endeavor included multiple roles that were not clearly defined or consistently described. Her duties as the director of student life were extensive and seemed to focus more on direct student engagement rather than on broader pedagogical research. This lack of clarity undermined the argument for the national importance of her work.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any other supporting documentation:
The record included evidence of the Petitioner’s research publications and citation statistics, but these were not directly linked to a clearly defined future endeavor with national impact.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The Petitioner did not provide sufficient evidence to establish that her proposed endeavor had national importance. The record lacked detailed information on how her work would produce substantial positive effects or broader impacts at a national level. Without meeting the national importance criterion, the petition failed to justify a national interest waiver.
