Date of Decision: October 5, 2017
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: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Qualifications: The Petitioner qualified as a member of the professions holding an advanced degree.
Criteria Not Met:
Substantial Merit and National Importance: The Petitioner did not establish that her work had broader implications beyond her immediate school.
Balancing Factors: The Petitioner did not demonstrate that it would be beneficial to waive the job offer requirement on balance.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposes to continue her work as a special education teacher at a regional school for students with severe and profound disabilities. Her work includes developing and implementing instructional strategies for students with autism and other special needs.
Substantial Merit and National Importance:
While the Petitioner’s work provides significant benefits to her students, the evidence did not demonstrate broader implications for the field of special education. The Petitioner’s contributions, although valuable, were specific to her school and did not extend to impacting the field of special education at a national level.
Supporting Evidence:
The Petitioner submitted academic records, employment history, letters of recommendation, and evidence of her credentials and certifications. These documents confirmed her qualifications and positive impact within her school. However, they did not provide evidence of broader influence in the field of special education.
Inconsistencies in Proposed Endeavor:
There were no specific inconsistencies noted in the proposed endeavor. The main issue was the lack of evidence for broader national impact.
Supporting Documentation
Letters of Intent:
Letters from colleagues and supervisors praised the Petitioner’s dedication and impact on her students, but did not address broader implications for the field.
Business Plan:
Not applicable in this case.
Advisory Letter:
Not applicable in this case.
Any Other Supporting Documentation:
The Petitioner provided additional letters and documents supporting her qualifications and contributions within her school but did not demonstrate a national impact.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The Petitioner did not provide sufficient evidence to demonstrate that her proposed endeavor had substantial merit and national importance beyond her immediate school. Additionally, the balancing factors did not support waiving the job offer requirement. While the Petitioner is a qualified and dedicated special education teacher, the evidence did not meet the criteria set forth in the Dhanasar framework for a national interest waiver.
