Date of Decision: January 13, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Education
Petitioner Information
Profession: Mathematics Teacher
Field: Education
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree Classification:
The petitioner was found to qualify for classification as a member of the professions holding an advanced degree.
Criteria Not Met:
National Interest Waiver:
The petitioner did not establish that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Key Points from the Decision
Proposed Endeavor:
The petitioner focused on her qualifications and passion for teaching mathematics.
Substantial Merit and National Importance:
The petitioner did not sufficiently demonstrate how her work in education had substantial merit and national importance.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner failed to overcome the prior dismissals and address the specific grounds for the summary dismissal of her appeal.
Key Quotes or References:
- The petitioner did not provide new facts related to the prior decision or any new documentary evidence.
- The petitioner’s submissions focused more on her personal qualifications than addressing the reasons for prior dismissals.
Supporting Evidence:
The petitioner submitted a brief and additional evidence which failed to address the grounds for the previous summary dismissal.
Inconsistencies in Proposed Endeavor:
The petitioner did not address the specific legal or factual errors identified in prior decisions.
Supporting Documentation
Letters of Intent:
The documentation provided did not sufficiently demonstrate the national interest waiver requirements.
Business Plan:
Not applicable.
Advisory Letter:
The advisory letter did not adequately address the grounds for the previous dismissals.
Any other supporting documentation:
None provided that addressed the key issues from the prior decisions.
Conclusion
Final Determination: Denied
Reasoning:
The petitioner did not present relevant new facts that would warrant reopening of the proceeding. The petitioner focused more on her qualifications and passion for teaching rather than addressing the prior decision grounds.
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