Date of Decision: January 11, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Virtual Reality Education
Petitioner Information
Profession: Instructional Coordinator
Field: Virtual Reality Education
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree Professional:
The petitioner qualifies as an advanced degree professional. The petitioner holds a significant position in the education sector with expertise in developing virtual reality tools for educational purposes.
Criteria Not Met:
National Importance of the Proposed Endeavor:
The petitioner’s proposed endeavor, a virtual reality education tool, was not established as having national importance. The evidence provided did not convincingly demonstrate that the proposed project would have a broad impact on education or that it would improve educational outcomes relative to existing methods.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposes to create a virtual reality education tool aimed at enhancing learning experiences for students through interactive and immersive technology. The tool includes virtual reality glasses for kindergarten students to hear songs, watch videos, and view pictures.
Substantial Merit and National Importance:
The petitioner claimed that the tool would be unique and innovative, cost-effective, and productive for educators. However, the submitted lesson plans and outlines, as well as screenshots of a student portal, did not provide credible evidence supporting these claims. The lack of specifics about the product’s capabilities and its potential impact on education hindered the evaluation of its national importance.
Supporting Evidence:
The petitioner provided lesson plans, outlines, and screenshots of an online student portal. These documents were meant to illustrate the capabilities of the proposed virtual reality tool. However, they were deemed insufficient in proving the substantial merit and national importance of the endeavor.
Inconsistencies in Proposed Endeavor:
The petitioner’s submission included inconsistencies, particularly regarding the details and potential impact of the virtual reality education tool. The evidence did not demonstrate that the tool would have a broad and significant impact on the education sector at a national level.
Supporting Documentation
Letters of Intent:
No binding financial commitments were provided by potential investors, only nonbinding statements of intent. This lack of financial backing weakened the claim of substantial merit.
Business Plan:
The business plan lacked specifics about the product’s development, particularly concerning the software and hardware involved. It was indicated that the product had not yet been created, undermining the credibility of the petitioner’s claims.
Advisory Letter:
An unsigned and undated letter from an individual claiming to be a performance management executive was provided. This letter lacked sufficient detail and credibility to support the national importance of the proposed endeavor.
Other Supporting Documentation:
Additional documents, such as screenshots and lesson plans, did not provide the necessary evidence to establish the petitioner’s claims about the impact and innovation of the virtual reality education tool.
Conclusion
Final Determination: The motions to reopen and reconsider were dismissed. The petitioner did not provide sufficient evidence to establish the national importance of the proposed virtual reality education tool. The lack of credible and probative evidence regarding the tool’s potential impact on education was a decisive factor in the denial of the petition.
Reasoning:
The decision was based on the insufficiency of evidence to demonstrate the proposed endeavor’s national importance. The petitioner failed to establish that the virtual reality tool would significantly benefit the U.S. education system.
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