Date of Decision: NOV. 25, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Elementary Education
Petitioner Information
Profession: Elementary School Teacher
Field: Elementary Education and Special Education
Nationality: Filipino
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Substantial Intrinsic Merit:
The petitioner, an elementary school teacher with Master’s degrees in Elementary Education and Special Education, demonstrated that her work holds substantial intrinsic merit, particularly in the context of U.S. educational goals such as those outlined in the No Child Left Behind Act (NCLBA).
Positive Impact on Students:
Evidence provided included numerous awards, certificates, and letters from colleagues, supervisors, and students, attesting to the petitioner’s effectiveness as a teacher and the positive impact she has had on her students’ academic performance.
Criteria Not Met:
National Scope of Work:
While the petitioner’s work is meritorious, she did not sufficiently demonstrate that the benefits of her teaching extend to a national scope. The federal education statutes and initiatives cited by the petitioner address broad national goals but do not imply that the work of one teacher significantly contributes to those goals on a nationally significant level.
Influence on the Field as a Whole:
The petitioner did not establish that her work has had a substantial influence on the field of education beyond her local community. The evidence provided did not justify projections of future national benefit as required under the NYSDOT analysis.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue her work as a kindergarten teacher, emphasizing her role in closing the achievement gap in the U.S. educational system, particularly in light of federal education initiatives.
Substantial Merit and National Importance:
The petitioner argued that her work is of substantial merit and national importance by aligning with the goals of the NCLBA and other federal education policies aimed at improving student achievement. However, the evidence provided was deemed insufficient to prove that her individual contributions are of national importance.
Supporting Evidence:
The petitioner submitted various awards, certificates, and letters of recommendation to support her case. These documents highlighted her dedication, effectiveness as a teacher, and the positive impact on her students.
Inconsistencies in Proposed Endeavor:
No specific inconsistencies in the proposed endeavor were noted, but the overall argument failed to demonstrate the required national impact and influence on the field as a whole.
Supporting Documentation
Letters of Intent:
- Summary and Key Points: The letters of intent provided by the petitioner’s colleagues and supervisors praised her teaching skills and dedication. However, these letters did not provide evidence of national impact.
Business Plan:
- Not Applicable: No business plan was submitted.
Advisory Letter:
- Summary and Key Points: Advisory letters from educational professionals corroborated the petitioner’s claims of effectiveness and dedication. However, they did not establish her influence at a national level.
Other Supporting Documentation:
- Summary and Key Points: Additional documentation included articles and personal letters in response to media coverage of the petitioner’s work. These documents supported her local impact but did not extend to a national scope.
Conclusion
Final Determination: The appeal was dismissed based on the findings that the petitioner did not demonstrate that her work meets the national interest waiver requirements as per the NYSDOT framework.
Reasoning: The key reasons for the decision include the petitioner’s failure to prove that her work benefits the U.S. on a national scale and her lack of influence in the field beyond her local community. While her contributions as a teacher are significant at a local level, they do not meet the threshold for national interest waiver eligibility.
