Date of Decision: December 2, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Education (Science Teaching)
Petitioner Information
Profession: Science Teacher
Field: Science and Engineering Education
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree Professional: The petitioner qualified for classification as a member of the professions holding an advanced degree in chemical engineering with progressive post-baccalaureate experience.
Criteria Not Met:
National Scope: The petitioner did not demonstrate that his work as a high school science teacher would have a national impact beyond his students and school district.
Greater National Interest: The petitioner did not establish that he would serve the national interest to a substantially greater degree than an available U.S. worker with the same minimum qualifications.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to work as a bilingual high school science teacher, teaching various science and engineering courses to secondary and post-secondary school students.
Substantial Merit and National Importance:
The proposed work was found to have substantial intrinsic merit. However, it did not meet the criteria for national scope. The impact of a single teacher, even with bilingual capabilities, was not sufficient to demonstrate national importance.
Supporting Evidence:
The petitioner provided letters of support from supervisors highlighting his experience and passion for teaching. Additionally, documentation included teaching credentials and certifications.
Despite these qualifications, the evidence did not show a past record of achievement with influence on the field of education as a whole.
Inconsistencies in Proposed Endeavor:
No specific inconsistencies in the proposed endeavor were noted, but the petitioner’s overall impact on the field was not demonstrated to extend beyond the local level.
Supporting Documentation
Letters of Intent:
Letters from supervisors highlighting the petitioner’s experience and potential impact in education.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
Teaching credentials, certifications, and a job offer from a New Jersey school.
Conclusion
Final Determination: The appeal was denied.
Reasoning:
The petitioner did not provide sufficient evidence to demonstrate that his work as a science teacher would have a national impact or that he would serve the national interest to a greater extent than an available U.S. worker with the same qualifications. The documentation provided, while substantial for local impact, was insufficient to justify a national interest waiver.
Download the Full Petition Review Here
