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: Teaching
Petitioner Information
Profession: Teacher
Field: Teaching
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner demonstrated possession of a foreign bachelor’s degree, meeting the plain language of the criterion for advanced degrees.
Criteria Not Met:
- Ten Years of Full-Time Experience: The petitioner did not provide sufficient evidence to show she has at least ten years of full-time experience in her occupation. The submitted employment letters did not cover the required period.
- Exceptional Ability Evidence: The petitioner failed to provide convincing evidence of salary or remuneration indicative of exceptional ability, membership in professional associations at the time of filing, or recognition for achievements and significant contributions.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue her work as a teacher in the United States, contributing to the field through her teaching and development of educational materials.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was not recognized for substantial merit or national importance due to a lack of sufficient evidence demonstrating significant impact or broad implications in the field of teaching.
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 United States by contributing to the educational sector. However, she did not provide sufficient evidence to support the claim that her contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted her academic credentials, employment letters, and recommendation letters. However, these documents did not adequately demonstrate her ability to significantly impact her field. The letters from colleagues and professionals praised her work but did not provide concrete examples of her influence or substantial contributions.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about her influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that her work had been widely adopted or recognized in the field of teaching.
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 her work but did not adequately demonstrate her significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that she is well-positioned to advance her proposed endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support her claims of substantial impact and national importance.
