Date of Decision: APR. 3, 2024
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: Teacher
Field: Education
Nationality: [Nationality not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Qualification as an advanced degree professional: Established based on obtaining a master’s degree in conflict resolution and coexistence.
Criteria Not Met:
- Proposed Endeavor Specificity: The petitioner failed to provide specific details of the proposed endeavor beyond stating a goal to teach.
- Substantial Merit and National Importance: The endeavor did not demonstrate national importance as required.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to work as a secondary school language teacher in the United States.
Substantial Merit and National Importance:
The appeal noted the general societal benefits of teaching but failed to establish the specific substantial merit or national importance of the petitioner’s teaching role.
Supporting Evidence:
The decision did not discuss specific supporting evidence provided by the petitioner, suggesting that the appeal lacked detailed documentation to substantiate the claims of national interest.
Inconsistencies in Proposed Endeavor:
The primary inconsistency noted was the lack of detail in the proposed endeavor, which did not adequately outline the impact or scope of the teaching position.
Supporting Documentation
Letters of Intent:
No specific letters of intent were mentioned in the decision.
Business Plan:
Not applicable.
Advisory Letter:
Not discussed in the decision.
Any Other Supporting Documentation:
Not provided or insufficient to support the claims.
Conclusion
The final determination upheld the initial denial, finding that the petitioner did not demonstrate that the proposed teaching position held national importance or was well-positioned to advance. The lack of specificity and evidence supporting the petitioner’s claims were critical in this decision.
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