Date of Decision: January 25, 2017
Service Center: Nebraska 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:
Academic Record: The Beneficiary holds multiple degrees, including a bachelor’s degree and a master’s degree, satisfying the criterion for an academic record showing degrees relating to the area of exceptional ability.
Certification: The Beneficiary is certified by the Education Department to teach mathematics in grades 7-12, meeting the criterion for a license to practice the profession.
Professional Membership: The Beneficiary is a member of a professional association, fulfilling the criterion for evidence of membership in professional associations.
Criteria Not Met:
Salary Reflecting Exceptional Ability: The Petitioner did not provide evidence that the offered salary is indicative of exceptional ability, as the salary data presented did not align with the certified job’s SOC code.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, a public school system, sought to employ the Beneficiary as a Mathematics Teacher. The role involved teaching mathematics to students in grades 7-12 and contributing to the educational development of the students.
Substantial Merit and National Importance:
Summary: The Beneficiary’s role as a Mathematics Teacher was deemed important for the educational interests of the United States. However, the job did not require a degree of expertise significantly above that normally encountered in the field of education.
Key Quotes: The decision stated, “All of these factors in the aggregate demonstrate that the job does not require an individual with a degree of expertise above that ordinarily encountered in the sciences, arts, or business.”
Supporting Evidence:
Summary: The Petitioner provided academic records, certification details, and evidence of professional membership. However, these documents did not establish that the job required an individual of exceptional ability.
Key Quotes: The decision noted, “The Petitioner has not demonstrated that tendering the prevailing wage indicates that the job requires an individual of exceptional ability.”
Inconsistencies in Proposed Endeavor:
Summary: The Petitioner did not resolve the inconsistency regarding the job’s requirement for exceptional ability. The evidence provided did not demonstrate that the job required more than the minimum qualifications for a Mathematics Teacher.
Key Quotes: The decision emphasized that the job requirements did not contain at least three elements relating to exceptional ability.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: Not applicable.
Other Supporting Documentation: The Petitioner provided the Beneficiary’s diplomas, certification details, and professional membership information, but these were insufficient to establish the requirement for exceptional ability.
Conclusion
Final Determination: Denied
Reasoning:
The Petitioner did not demonstrate that the job required an individual of exceptional ability.
The Petitioner did not establish that the Beneficiary possessed a degree of expertise significantly above that normally encountered in the field of education.
The appeal was dismissed due to the failure to meet the specific requirements for the exceptional ability classification.
Download the Full Petition Review Here
In Re: [Petitioner’s Name], JAN252017_02B5203.pdf
