Date of Decision: July 26, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Educational Psychology/Special Education
Petitioner Information
Profession: Exceptional Children Teacher
Field: Educational Psychology/Special Education
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
The Beneficiary possesses the Romanian equivalent of a U.S. bachelor’s degree.
The Beneficiary holds a North Carolina professional educator’s license.
Criteria Not Met:
The Beneficiary did not demonstrate five years of post-baccalaureate experience by the priority date, as her degree was considered complete upon the issuance of the diploma rather than the completion of coursework.
The Beneficiary’s degree was in psychology, not in educational psychology or special education, as required by the labor certification.
Key Points from the Decision
Proposed Endeavor:
The Petitioner seeks to employ the Beneficiary as an exceptional children teacher, leveraging her expertise to improve educational outcomes for children with special needs within the public school system.
Substantial Merit and National Importance:
The proposed endeavor has substantial merit and national importance, addressing critical needs in special education and contributing to the educational development of children with disabilities.
Supporting Evidence:
The supporting evidence included the Beneficiary’s academic credentials, professional educator’s license, and documentation of her work experience. Despite this, the evidence did not sufficiently demonstrate that the Beneficiary had completed all degree requirements prior to the issuance of her diploma or that her degree was in the required field of study.
Inconsistencies in Proposed Endeavor:
The primary issue was not inconsistencies but rather the lack of substantial evidence showing the Beneficiary’s degree completion date and the specific field of study required by the labor certification. The letter from the university, written many years after graduation, was not considered an official academic record.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: University letter confirming the completion of coursework, but not sufficient as an official academic record.
Any other supporting documentation: Two independent evaluations of the Beneficiary’s foreign educational credentials, which identified her major field of study as psychology.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The Beneficiary did not meet the requirement of five years of post-baccalaureate experience by the priority date, as the calculation was based on the diploma issuance date. Furthermore, the Beneficiary’s degree was in psychology, not in the specified fields of educational psychology or special education. The evidence provided did not sufficiently establish the completion of all degree requirements before the diploma date or that the degree was in a required field of study.
Download the Full Petition Review Here
In Re: V-C-P-S-, JUL262017_02B5203.pdf
