Date of Decision: July 8, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: School Psychology
Petitioner Information
Profession: School Psychologist
Field: Developmental Psychology with sub-specializations in Deafness and School Neuropsychology
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Substantial Intrinsic Merit: The petitioner’s work as a school psychologist is recognized for its substantial intrinsic merit, particularly in serving students with special needs.
Qualifications: The petitioner possesses a Master’s degree in Developmental Psychology and a Specialist Degree in School Psychology.
Criteria Not Met:
National Scope: The petitioner did not demonstrate that her work’s impact extends beyond her local employment, thus failing to meet the criterion of national scope.
Influence on the Field: There was insufficient evidence to show that the petitioner’s contributions have influenced the field of school psychology nationally.
Key Points from the Decision
Proposed Endeavor:
The petitioner’s proposed endeavor involved working as a school psychologist, focusing on providing psychoeducational evaluations for deaf and hard of hearing children.
Substantial Merit and National Importance:
While the petitioner’s work has substantial intrinsic merit, the AAO found that its benefits were not national in scope. The petitioner’s influence was primarily localized to her direct work environment.
Supporting Evidence:
The petitioner provided several reference letters, educational degrees, professional certifications, and evidence of past performance. However, the AAO found that these did not sufficiently demonstrate national impact or influence on the field.
Inconsistencies in Proposed Endeavor:
There were no specific inconsistencies noted in the proposed endeavor, but the lack of demonstrated national influence was a critical point in the decision.
Supporting Documentation
Letters of Intent:
Various letters highlighted the petitioner’s unique qualifications and contributions at a local level but did not establish national impact.
Business Plan:
Not applicable in this case.
Advisory Letter:
Several advisory letters supported the petitioner’s qualifications but did not provide evidence of significant national influence.
Conclusion
Final Determination: The appeal was dismissed, upholding the denial of the EB-2 NIW petition.
Reasoning: The decision was based on the lack of evidence demonstrating that the petitioner’s work had a national scope or that she had influenced the field of school psychology to a substantially greater degree than an available U.S. worker with the same qualifications.
