Date of Decision: February 21, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Education, specifically Mathematics Teaching
Petitioner Information
Profession: Elementary School Mathematics Teacher
Field: Education, Mathematics
Nationality: Chinese
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Lesser nationally and internationally recognized prizes: Received various awards for excellence in mathematics teaching.
- Authorship of scholarly articles: Authored several scholarly articles on mathematics education.
- Leading or critical role: Played critical roles in educational organizations with distinguished reputations.
- High salary relative to field: Earned a high salary compared to peers in the field.
Criteria Not Met:
- Membership in associations requiring outstanding achievements: Lacked documentation of membership in such associations.
- Original scholarly contributions of major significance: Did not provide sufficient evidence of major contributions in her field.
Key Points from the Decision
Proposed Endeavor:
- Intends to teach mathematics to children in the United States, continuing her previous work and contributions to education.
Substantial Merit and National Importance:
- Her educational work is considered of substantial merit due to the potential impact on U.S. education standards.
- Cited lack of recent evidence (post-2012) as a significant factor in denying sustained acclaim.
Supporting Evidence:
- Submitted documentation of awards, articles, and salary evidence supporting her status in the field.
- The decision highlighted the dated nature of the awards and publications as a critical factor.
Inconsistencies in Proposed Endeavor:
- The review pointed out the temporal gap in evidence of sustained acclaim, questioning the ongoing impact of her achievements.
Supporting Documentation
Letters of Intent: (if applicable)
- Not specified.
Business Plan: (if applicable)
- Not specified.
Advisory Letter: (if applicable)
- Not specified.
Any other supporting documentation (if applicable)
- Detailed past accolades and professional roles but lacked recent validations.
Conclusion
Final Determination: The appeal was dismissed due to insufficient evidence of sustained national or international acclaim since 2012. The substantial contributions prior to 2012 were not considered sufficient for sustained acclaim under current criteria.
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