Date of Decision: April 29, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Special Education
Petitioner Information
Profession: Special Education Teacher
Field: Special Education
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Educational Qualification and Role: The petitioner qualifies as a member of the professions holding an advanced degree.
- Local Impact: Demonstrated impact on local students and the community, although limited in scope.
Criteria Not Met:
- National Importance: Failed to provide sufficient objective evidence to demonstrate that the endeavor has national importance.
- Scalability of Endeavor: Insufficient evidence to show that the inclusive model developed could be scaled to affect national practices in special education.
Key Points from the Decision
Proposed Endeavor:
- The petitioner aims to implement specialized educational techniques beneficial to local students but lacks evidence of broader applicability.
Substantial Merit and National Importance:
- While the petitioner’s efforts are commendable locally, they do not meet the national importance criterion necessary for a National Interest Waiver.
Supporting Evidence:
- The evidence provided, including personal testimonials, does not adequately establish a broader impact on the field of special education nationally.
Inconsistencies in Proposed Endeavor:
- Claims of national implications were not supported by sufficiently objective and probative evidence.
Supporting Documentation
Letters of Intent:
- Not applicable or not provided.
Business Plan: - Not applicable or not provided.
Advisory Letter: - The advisory letters focus primarily on local impact without demonstrating national significance.
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not meet the burden of proof for the national importance criterion under the EB-2 NIW standards.
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