Date of Decision: August 4, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Mathematics Education
Petitioner Information
Profession: Mathematics Teacher
Field: Mathematics Education
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree: The Petitioner holds an advanced degree, which qualifies her for classification as a member of the professions holding an advanced degree.
Criteria Not Met:
National Interest Waiver: The Petitioner failed to establish that a waiver of the required job offer and thus the labor certification would be in the national interest.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, a mathematics teacher, aims to contribute to the field of mathematics education through her teaching and related activities.
Substantial Merit and National Importance:
The Petitioner did not provide sufficient evidence to demonstrate the substantial merit and national importance of her proposed endeavor in mathematics education.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The Petitioner’s documentation did not convincingly show that waiving the labor certification requirements would be beneficial to the United States. Key factors considered included the lack of specific evidence addressing the national importance and impact of her work.
Supporting Evidence:
The evidence provided included a brief and documents dated 2021, which were not applicable to the original petition filing date in 2012 and thus could not establish eligibility.
Inconsistencies in Proposed Endeavor:
The Petitioner’s submissions focused on her qualifications and passion for teaching rather than addressing the grounds for the prior summary dismissal or providing new relevant facts.
Supporting Documentation
Letters of Intent:
Not provided or applicable in the documentation submitted.
Business Plan:
Not provided or applicable in the documentation submitted.
Advisory Letter:
Not provided or applicable in the documentation submitted.
Conclusion
Final Determination: The motion to reopen was dismissed. The Petitioner did not establish new relevant facts or demonstrate that there was an error in the prior summary dismissal.
Reasoning: The Petitioner failed to address the basis for the previous dismissals and did not provide new documentary evidence relevant to the issues raised in her motion.
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