EB-2 NIW USCIS Appeal Review – Profession: Science Teacher – DEC022016_02B5203

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.

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