Date of Decision: June 14, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Education
Petitioner Information
Profession: Teacher
Field:Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner demonstrated that his proposed endeavor in teaching English Language Learners (ELLs) has substantial merit and national importance. His efforts to incorporate literature, critical thinking, and philosophy into his teaching were acknowledged as beneficial for public education, particularly in Oregon.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide sufficient evidence to show he was well-positioned to advance his proposed endeavor. While he submitted documentation of his academic credentials, teaching experience, and letters of support, these did not convincingly demonstrate his capacity to influence or advance the field of education significantly.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to show that, on balance, waiving the labor certification requirement would be beneficial to the United States. The evidence provided did not sufficiently demonstrate the national interest in his contributions.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to work as a public school teacher in Oregon, focusing on teaching English, ESL, Spanish, and philosophy. His goal was to improve educational outcomes for ELLs and contribute to public education through his innovative teaching methods.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was recognized for its substantial merit and national importance due to its potential to address critical educational needs, particularly for ELLs. His work has broader implications for public education as it involves teaching critical thinking and philosophy to high school students.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that his work would contribute to the United States by enhancing educational outcomes for ELLs and addressing teacher shortages. However, he did not provide sufficient evidence to support the claim that his contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted his curriculum vitae, academic credentials, teaching experience, and letters of support. However, these documents did not adequately demonstrate his ability to significantly impact his field. The letters from colleagues and professionals praised his work but did not provide concrete examples of his teaching methods being widely adopted or having a substantial influence.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about his influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that his work had been widely adopted or recognized in the field of education.
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 claim of national importance.
Any Other Supporting Documentation:
Included letters from colleagues and professionals, which praised his work but did not adequately demonstrate his significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that he is well-positioned to advance his proposed endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support his claims of substantial impact and national importance.
