Date of Decision: May 30, 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: Senior Math Teacher
Field: Mathematics Education
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
Required Education: The Beneficiary did not possess the required degree in mathematics education, general mathematics, or a related field.
Degree Equivalency: The Beneficiary’s combination of education and experience did not meet the minimum requirements specified in the labor certification.
Key Points from the Decision
Proposed Endeavor:
The Petitioner sought to employ the Beneficiary as a senior math teacher, requesting classification as a member of the professions holding an advanced degree.
Substantial Merit and National Importance:
The decision did not discuss substantial merit and national importance due to the failure to meet basic educational requirements.
Supporting Evidence:
Various educational documents and credentials evaluations were submitted, but they were insufficient to establish equivalency to the required degrees.
Inconsistencies in Proposed Endeavor:
The labor certification specified a requirement for a master’s degree in mathematics education, general mathematics, or a related field, which the Beneficiary did not possess.
Supporting Documentation
Letters of Intent:
Not applicable
Business Plan:
Not applicable
Advisory Letter:
Not applicable
Any other supporting documentation:
The evaluations provided by different experts conflicted and did not conclusively establish the required educational equivalency.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The Beneficiary did not meet the minimum educational requirements specified in the labor certification.
The Petitioner failed to demonstrate the ability to pay the proffered wage from the priority date onward.
