Date of Decision: January 17, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Entrepreneurship and Childcare
Petitioner Information
Profession: Entrepreneur
Field: Education and Childcare
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
None:
The petitioner did not meet any of the specific criteria required to establish eligibility for the EB-2 classification or to demonstrate exceptional ability.
Criteria Not Met:
Official Academic Record:
The petitioner did not provide academic transcripts or a U.S. academic equivalency for her foreign diplomas in engineering sciences and pedagogical primary education.
Experience:
The petitioner did not provide consistent and specific evidence of at least ten years of full-time experience in the relevant occupation.
License or Certification:
The petitioner did not demonstrate the necessity of a license for the proposed field of endeavor or provide comparable evidence of exceptional ability.
Recognition:
The petitioner did not provide evidence of significant contributions to the field or recognition for achievements by peers, governmental entities, or professional organizations.
Key Points from the Decision
Proposed Endeavor:
The petitioner’s proposed endeavor involves seeking employment as an assistant teacher in the field of education. Initially, the petitioner claimed to be an entrepreneur with over 12 years of experience providing childcare as a nanny.
Substantial Merit and National Importance:
The petitioner did not provide a detailed description of her proposed endeavor, making it difficult to assess its national importance or substantial merit.
Supporting Evidence:
The petitioner provided various letters attesting to her experience and certificates of achievement. However, these were insufficient to demonstrate exceptional ability or to establish eligibility for the EB-2 classification.
Inconsistencies in Proposed Endeavor
The petitioner materially changed her proposed endeavor from providing childcare services to seeking employment as an assistant teacher. This inconsistency, along with the lack of detailed description and supporting evidence, undermined her claim.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Included letters of experience from various employers, but these lacked specific dates and details of full-time employment.
Other Supporting Documentation:
Certificates of achievement and completion, which did not demonstrate significant contributions to the field or exceptional ability.
Conclusion
Final Determination:
The appeal was dismissed due to the petitioner not establishing eligibility for the EB-2 classification or demonstrating exceptional ability.
Reasoning:
The evidence did not establish a sufficiently detailed proposed endeavor, nor did it establish the national importance or substantial merit of the proposed endeavor. The petitioner also failed to provide consistent and specific evidence of her qualifications and experience.
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