Date of Decision: November 17, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Education and Cultural Enrichment
Petitioner Information
Profession: Head of School / Educator
Field: Education and Cultural Enrichment
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The Petitioner was determined to qualify as a member of the professions holding an advanced degree.
Criteria Not Met:
- None: All prongs of the Dhanasar framework were eventually met, leading to the appeal being sustained.
Key Points from the Decision
Proposed Endeavor:
The Petitioner intends to continue her work as the head of a school located in a U.S. commonwealth, where she has established the only school in the region that teaches Indigenous languages to children through a curriculum she designed. The Petitioner also oversees another school that teaches her native language to residents of the commonwealth. Her work focuses on cultural enrichment, education, furtherance of human knowledge, and economic activity.
Substantial Merit and National Importance:
The Director’s initial determination that the Petitioner did not establish the national importance of her proposed endeavor was withdrawn. Upon further review, it was found that the Petitioner’s work in revitalizing Indigenous languages and promoting cultural heritage through education has substantial merit and national importance. The evidence presented, including support letters from high-level government and community leaders, demonstrated that her efforts have broader implications for U.S. cultural enrichment and are crucial to preserving Indigenous languages and culture in the commonwealth.
Well-Positioned to Advance the Proposed Endeavor:
The Petitioner was found to be well-positioned to advance her proposed endeavor. She has received significant grant funding from the Commonwealth’s Department of Community and Cultural Affairs, highlighting the trust and recognition her work has garnered. Her track record of successfully operating two schools further supports her ability to continue contributing to U.S. cultural and educational interests.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The appeal concluded that, on balance, waiving the job offer requirement would be beneficial to the United States. The Petitioner’s work in education and cultural enrichment, particularly in the revitalization of Indigenous languages, offers contributions of such value that they would benefit the U.S. even if other qualified U.S. workers were available. The Petitioner has documented past successes and governmental interest in her work, making the waiver justifiable.
Supporting Documentation
Letters of Support:
The Petitioner provided letters from high-level government and community leaders in the commonwealth. These letters emphasized the importance of the Petitioner’s work in preserving Indigenous languages and culture. The Executive Director of the Commonwealth’s Humanities Council, the Resident Executive for the Commonwealth’s Indigenous Affairs Office, and the Governor of the Commonwealth all highlighted the significant impact of the Petitioner’s educational programs on the community and their broader implications for cultural preservation.
Grant Funding Documentation:
The Petitioner submitted evidence of receiving hundreds of thousands of dollars in grant funding from the Commonwealth’s Department of Community and Cultural Affairs. This funding supports her schools and indicates sustained interest and investment in her work from government entities, further positioning her well to continue advancing her proposed endeavor.
Curriculum Development and Program Descriptions:
The Petitioner provided detailed descriptions of the curricula she developed, focusing on integrating Indigenous languages and cultural practices into the education system. These documents showcased the unique and substantial contributions her work makes to cultural and educational enrichment in the region.
Conclusion
Final Determination: The appeal was sustained, and the Petitioner was granted the national interest waiver. The evidence demonstrated that the Petitioner’s work as an educator and head of school is of national importance and that she is well-positioned to continue advancing her proposed endeavor. Waiving the job offer requirement was deemed beneficial to the United States.
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