Date of Decision: April 29, 2015
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: Primary Montessori Teacher
Field: Montessori Education
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- The petitioner established employment in an area of substantial intrinsic merit.
- The petitioner demonstrated qualifications for classification as a member of the professions holding an advanced degree.
Criteria Not Met:
- The proposed benefit was not demonstrated to be national in scope.
- The petitioner did not establish that the benefit of her work would surpass that of an available U.S. worker with the same qualifications.
Key Points from the Decision
Proposed Endeavor:
The petitioner seeks employment as a primary Montessori teacher in Maryland and asserts that an exemption from the job offer requirement is in the national interest.
Substantial Merit and National Importance:
The petitioner’s employment as a Montessori teacher is deemed valuable; however, the benefits of her work were not found to be national in scope. The petitioner did not provide evidence that her influence extended beyond her classroom or impacted the field of Montessori education significantly at a national level.
Supporting Evidence:
- Letters of Intent: The petitioner provided letters supporting her teaching role and contributions to education but failed to link these contributions to a broader national impact.
- Advisory Letters: These letters supported the petitioner’s qualifications but did not establish a national scope of benefit.
- Additional Documentation: Previous approvals for similar cases were cited, but they were not binding precedents and did not carry weight in this proceeding.
Inconsistencies in Proposed Endeavor:
The petitioner failed to address the national scope requirement explicitly. Teaching, while meritorious, did not meet the criteria for national impact as required for the NIW.
Supporting Documentation
- Letters of Intent:
- Provided support for her role but lacked evidence of a broader impact.
- Business Plan:
- Not applicable.
- Advisory Letter:
- Highlighted her qualifications but did not substantiate national influence.
- Other Supporting Documentation:
- Approval notices for other petitions, which were not considered binding or precedent.
Conclusion
The appeal was denied. The petitioner did not demonstrate that her contributions as a Montessori teacher had a national impact or that waiving the job offer requirement was in the national interest of the United States.
