Date of Decision: March 06, 2024
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: Education
Nationality: Nil
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Education Qualifications: The petitioner holds a U.S. equivalent bachelor’s degree in teaching and a doctorate in education.
- Professional Expertise: The petitioner’s educational background is confirmed by educational evaluations, diplomas, and transcripts.
Criteria Not Met:
- National Importance: The Director and the appeals office concluded that the petitioner’s proposed endeavor lacks national importance. The endeavor’s scope and impact were deemed not broad enough to influence the educational field nationally.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to enhance educational equity and excellence, specifically aiming to support Hispanic and Latino communities through educational services.
Substantial Merit and National Importance:
The endeavor was recognized for its merit in addressing educational equity. However, it was not considered of national importance due to its limited impact beyond the immediate participants.
Supporting Evidence:
The evidence included articles and press releases regarding educational equity but lacked specific, actionable details about the implementation and broader impact of the proposed endeavor.
Inconsistencies in Proposed Endeavor:
The appeals office noted a mismatch between the petitioner’s detailed job roles and the broader goals stated, suggesting an unclear definition and scope of the proposed work.
Supporting Documentation
Letters of Intent:
Not applicable as no new evidence was provided during the appeal.
Business Plan:
No specific business plan detailing operational aspects was submitted.
Advisory Letter:
General recommendation letters praised the petitioner’s abilities but did not substantiate the national importance or specific impact of the endeavor.
Conclusion
The final determination was to dismiss the appeal, based on the petitioner’s failure to demonstrate that the proposed endeavor has national importance. The decision focused on the lack of broad, impactful evidence supporting the national relevance of the educational initiatives proposed.
