Date of Decision: August 23, 2021
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: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Qualification: The petitioner holds an advanced degree and qualifies as a member of the professions holding an advanced degree in the field of education.
Criteria Not Met:
- National Importance: The petitioner did not provide sufficient evidence to demonstrate that her proposed endeavor has both substantial merit and national importance.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not sufficiently demonstrate that she is well positioned to advance her proposed endeavor in education.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a teacher, proposed to work as a language school teacher in the United States, specifically providing English as a Second Language (ESL) services and teaching Portuguese. Her goal was to aid in the education of students, particularly those for whom English is a second language.
Substantial Merit and National Importance:
While the petitioner’s proposed endeavor in teaching has substantial merit, the Director concluded that the petitioner did not demonstrate its national importance. The evidence provided did not show that her work would significantly impact the broader U.S. educational system or contribute substantially to educational development at a national level.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that her work would benefit the U.S. by addressing the shortage of ESL teachers and improving the education of students for whom English is a second language. However, the Director found insufficient evidence to support these claims. The proposed work did not show substantial potential to employ U.S. workers or provide notable educational benefits that would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted various documents, including articles about the importance of ESL teachers, reports on English Language Learner (ELL) students, and letters of recommendation. However, these documents did not sufficiently demonstrate that her specific endeavor would have a significant national impact or that she is well positioned to advance the proposed endeavor.
Inconsistencies in Proposed Endeavor:
The petitioner’s statements about the broader impact of her work were not supported by sufficient evidence to demonstrate its national importance. Additionally, the evidence did not show that her proposed endeavor would significantly extend beyond her immediate teaching activities to impact the field of education or U.S. economy more broadly.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Provided but not sufficiently detailed to support the national importance of the petitioner’s work.
Any Other Supporting Documentation:
The petitioner provided articles, reports, and letters of recommendation, but these did not adequately demonstrate the national importance of her work.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating the national importance of her proposed endeavor and did not provide sufficient justification for waiving the labor certification process. The proposed work was deemed to have limited impact beyond her direct teaching activities.
