Date of Decision: April 12, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Education
Petitioner Information
Profession: Secondary School Science Teacher
Field: Education
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Bachelor’s Degree: The ETA Form 9089 requires a bachelor’s degree in education, science, or a related field.
Teaching License Eligibility: The position requires eligibility for a state teaching license.
Criteria Not Met:
Exceptional Ability Requirements: The petition did not demonstrate that the position requires the equivalent of an alien of exceptional ability.
High Compensation: The offered wage was based on a collective bargaining agreement and did not indicate a high level of compensation relative to others in the field.
Key Points from the Decision
Proposed Endeavor:
The petitioner sought to employ the beneficiary as a secondary school science teacher, leveraging her doctoral degree in education and teaching license.
Substantial Merit and National Importance:
The decision highlighted that the position did not meet the requirements for an advanced degree professional. The criteria specified in the ETA Form 9089 were not sufficient to demonstrate exceptional ability.
Key Quote: “The position offered does not meet the second preference requirements as a position for an advanced degree professional.”
Supporting Evidence:
The petitioner emphasized the beneficiary’s doctoral degree and teaching license. However, the ETA Form 9089 did not specify requirements beyond a bachelor’s degree and teaching license eligibility.
Key Quote: “The ETA Form 9089 only requires a bachelor’s degree and eligibility for a teaching license.”
Inconsistencies in Proposed Endeavor:
The main inconsistency noted was the reliance on the beneficiary’s qualifications rather than the job’s requirements as stated in the ETA Form 9089.
Supporting Documentation
Letters of Intent: Not specifically mentioned.
Business Plan: Not applicable.
Advisory Letter: Not applicable.
Other Supporting Documentation:
Doctoral degree in education.
State teaching license.
Conclusion
Final Determination: The appeal was dismissed, and the initial decision was upheld.
Reasoning:
The position offered did not meet the requirements for the EB-2 classification as an advanced degree professional or individual of exceptional ability. The ETA Form 9089 specified a bachelor’s degree and eligibility for a teaching license, which were not sufficient to demonstrate the need for an exceptional ability professional. Therefore, the beneficiary did not qualify for the immigration benefit sought.
