Date of Decision: July 24, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Family Therapy
Petitioner Information
Profession: Marriage and Family Therapist
Field: Family Therapy
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Intrinsic Merit: The petitioner established that her work as a marriage and family therapist is in an area of substantial intrinsic merit.
- Job Offer Requirement: The petitioner qualifies for classification as a member of the professions holding an advanced degree, meeting the basic requirements for EB-2 classification.
Criteria Not Met:
- National Scope: The petitioner did not demonstrate that the proposed benefits of her work as an independent school consultant or family therapist would be national in scope.
- Greater Degree of National Interest: The petitioner failed to establish that she would serve the national interest to a substantially greater degree than an available U.S. worker with the same minimum qualifications.
Key Points from the Decision
Proposed Endeavor: The petitioner intended to provide ongoing consultation and work with school systems, particularly in low-income and underserved districts, as an independent contractor.
Substantial Merit and National Importance: While the petitioner’s work was recognized as valuable, the scope of its impact was limited to the local school district rather than having national implications. The petitioner’s activities, though beneficial, were not demonstrated to extend beyond the immediate educational community.
Supporting Evidence: The petitioner submitted various reference letters and her dissertation, which focused on effective school initiatives for low-income and underserved areas. Despite these contributions, there was insufficient evidence to show significant national influence or widespread adoption of her methods outside her immediate region.
Inconsistencies in Proposed Endeavor: The petitioner asserted that her work had potential national impact due to the universal nature of the challenges faced by low-income school districts. However, the evidence provided did not support the claim that her consulting services were or would be utilized on a national scale.
Supporting Documentation
Letters of Intent: Letters from educational professionals and colleagues highlighted the petitioner’s skills and contributions within her local area but did not demonstrate broader national impact.
Business Plan: Not applicable.
Advisory Letter: Letters from academic and professional contacts supported the petitioner’s qualifications and the local significance of her work but lacked evidence of national influence or unique contributions to the field of family therapy.
Any other supporting documentation: The petitioner’s dissertation was referenced for its methodology and local impact but lacked citations or recognition that would indicate national significance.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the necessary criteria to demonstrate that her work had national implications or that she would benefit the national interest to a greater extent than a qualified U.S. worker. The evidence provided did not substantiate claims of national influence or significant advancements in the field of family therapy beyond local contributions.
