Date of Decision: APR. 17, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: English Language Arts
Petitioner Information
Profession: English Language Arts Teacher
Field: Teaching incarcerated youth
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Substantial merit: The petitioner’s work in teaching English language arts to incarcerated youth has substantial merit.
Criteria Not Met:
National importance: The petitioner’s proposed endeavor of teaching at a correctional facility does not have national or global implications within the field of education. It is limited to the local community and does not demonstrate broader impacts.
Key Points from the Decision
Substantial Merit and National Importance:
The petitioner’s proposed endeavor of teaching English language arts at a correctional facility was recognized as having substantial merit. However, the endeavor was deemed to have a limited local impact, benefiting primarily the correctional facility and the incarcerated youth.
Supporting Evidence:
The petitioner provided evidence including her resume, letters from department chairs, and descriptions of her teaching philosophy and activities. Despite this, the evidence did not establish how her work would have broader, national implications.
Proposed Endeavor
The petitioner aimed to teach English language arts to incarcerated youth, intending to contribute to the education sector and reduce educational inequalities. Her goals included enhancing educational policy through practical classroom experience and research, minimizing workforce shortages, and providing quality resources for homeschooled children.
Inconsistencies in Proposed Endeavor
The petitioner asserted that her teaching would reduce the number of schools with teacher shortages and reignite passion for teaching among U.S. teachers. However, the documentation did not clearly explain how her specific work at a correctional facility would achieve these broader impacts.
Supporting Documentation
Letters of Intent:
Letters from various associations and institutions described the petitioner’s work and its importance, but failed to demonstrate a broader impact beyond the local level.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any other supporting documentation:
The petitioner cited her involvement in national teaching associations and her intention to conduct research. However, detailed plans and methodologies for this research were not provided.
Conclusion
Final Determination:
The appeal was dismissed due to failure to meet the first prong of the Dhanasar framework, which requires demonstrating that the proposed endeavor has national importance.
Reasoning:
The petitioner’s proposed work, while valuable, did not extend its impact beyond the local correctional facility. The endeavor did not demonstrate significant potential to employ U.S. workers or provide substantial positive economic effects on a national scale.
