dismissed EB-2 NIW Case: Education

U.S. Citizenship 
and Immigration 
Services 
In Re: 26379957 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: APR. 17, 2023 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, an English language arts teacher , seeks classification as a member of the professions 
holding an advanced degree. See Immigration and Nationality Act (the Act) section 203(b)(2), 
8 U.S.C. § 1153(b )(2). The Petitioner also seeks a national interest waiver of the job offer requirement 
that is attached to this EB-2 immigrant classification. See section 203(b)(2)(B)(i) of the Act, 8 U.S.C. 
§ ll 53(b )(2)(B)(i). U.S. Citizenship and Immigration Services (USCIS) may grant this discretionary 
waiver of the required job offer, and thus of a labor certification, when it is in the national interest to 
do so. 
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualified 
for classification as a member of the professions holding an advanced degree but that the Petitioner 
had not established that a waiver of the required job offer, and thus of the labor certification, would 
be in the national interest. The matter is now before us on appeal. 8 C.F.R. § 103.3. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter ofChawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christa's, Inc., 26 I&N Dec. 537,537 n.2 (AAO 2015). Upon de novo review, 
we will dismiss the appeal. 
I. LAW 
To establish eligibility for a national interest waiver , a petitioner must first demonstrate qualification 
for the underlying EB-2 visa classification, as either an advanced degree professional or an individual 
of exceptional ability in the sciences , arts, or business. Because this classification requires that the 
individual's services be sought by a U.S. employer, a separate showing is required to establish that a 
waiver of the job offer requirement is in the national interest. 
While neither the statute nor the pertinent regulations define the term "national interest," we set forth 
a framework for adjudicating national interest waiver petitions in the precedent decision Matter of 
Dhanasar, 26 I&N Dec. 884 (AAO 2016). Dhanasar states that, after a petitioner has established 
eligibility for EB-2 classification, USCIS may, as a matter of discretion, grant a national interest 
waiver if the petitioner demonstrates: (1) that the noncitizen's proposed endeavor has both substantial 
merit and national importance; (2) that the noncitizen is well positioned to advance the proposed 
endeavor; and (3) that, on balance, it would be beneficial to the United States to waive the requirements 
of a job offer and thus of a labor certification. 
The first prong, substantial merit and national importance, focuses on the specific endeavor that the 
noncitizen proposes to undertake. The endeavor's merit may be demonstrated in a range of areas such 
as business, entrepreneurialism, science, technology, culture, health, or education. In determining 
whether the proposed endeavor has national importance, we consider its potential prospective impact. 
See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
II. ANALYSIS 
The Director found that the Petitioner qualifies as a member of the professions holding an advanced 
degree. The remaining issue to be determined is whether the Petitioner has established that a waiver 
of the requirement of a job offer, and thus of a labor certification, would be in the national interest. 
For the reasons discussed below, the Petitioner has not established that a waiver of the requirement of 
a job offer is warranted. 
Initially, the Petitioner described the endeavor as an "aspiration[] to continually contribute to the 
education sector in the United States" and "to increase [her] dedication to research in the lives of 
students from undeserved [sic] populations." More specifically, on the Form 1-140, Immigrant 
Petition for Alien Workers, the Petitioner described her job as "teaching English [l]anguage [a]rts 
(ELA) to students in grades 7-12." The Petitioner addressed her education and prior experience, the 
importance of literacy in general, and nationwide teacher shortage statistics; however, she did not 
initially elaborate on what her endeavor of contributing to the education sector in the United States 
and increasing her dedication to research would entail. 
The Director informed the Petitioner in a request for evidence (RFE), in relevant part, that the record 
does not establish what the proposed endeavor would entail. The Director also informed the Petitioner 
that a "petitioner's position, field, or industry is not an endeavor" and that, without more information, 
the record does not establish that her work as a teacher "would impact the field of education more 
broadly, as opposed to being limited to her students." 
In response to the Director's RFE, the Petitioner submitted a resume, which indicates that, since 
September 2021, she has "[provided] 9th-12th grade incarcerated youth and students with Common 
Core Standards-based instruction in English [l]anguage [a]rts classes" at a "youth academy." Other 
documents in the record, such as a letter from the Chair of the _______ Department of 
Language, Literature, and Cultural Studies, describe the Petitioner's employer as "a correctional 
facility," not as a school or other facility primarily operating as an academic institution. The Petitioner 
discussed her "current teaching philosophy" in response to the RFE and stated: 
As a teacher therefore, I hope to contribute immensely to the growth of the educational 
sector in the United States by working with the given students in my care per time, 
knowing fully well that my classroom observations will instigate groundbreaking 
research and my subject matter expertise will train the students so they can in turn help 
others around them, thereby expanding the scope of my impact, directly or indirectly. 
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The Petitioner further stated in response to the RFE that her endeavor will accomplish the following: 
• Reduce educational inequalities and unequal graduation employability 
opportunities by granting students access to interdisciplinary studies regardless of 
their race, gender, religion, or other factors; 
• Contribute to educational policy and leadership via practical classroom experiences 
and research endeavors. Contrary to the popular disconnection of policy makers to 
the classroom, I will be an informed contributor about the workings of the 
classroom by being in the classroom. These classroom experiences and research 
findings will then be applied to other classrooms in the United States; 
• Minimize the shortage of workforce in my local community: by being a part of a 
school system, as an advanced degree holder, I contribute to the progress of my 
school community thereby reducing the number of schools with teacher shortages. 
The proposed educational model will also place the passion for teaching back in the 
hearts of teachers in the United States ... ; 
• Provide quality resources for homeschooled children ... ; 
• Help students in writing and English classes in the United States to experience 
integrated learning experiences of literacy, science, technology, and the digital 
humanities, thereby creating more employable and informed workforce ... ; and 
• Provide a nurturing environment for writing and storytelling as a vehicle for trauma 
healing and cultural enrichment .... 
The Director found that, although the proposed endeavor has substantial merit, the "record does not 
convey an understanding of how the [P]etitioner's proposed employment activities as a [t]eacher stand 
to have a broader impact on the education field." Rather, the Director found, "it appears that the 
prospective impact would be localized to the [P]etitioner's business, prospective employers and 
students in the local community." The Director acknowledged that the Petitioner stated, in response 
to the RFE, that the endeavor "will lead to the creation of jobs." However, the Director concluded 
that "the record does not show how this endeavor would offer substantial economic benefits to the 
region where it operates or to the nation, as a whole; nor does it demonstrate how the endeavor would 
significantly impact employment levels regionally or nationally." The Director further found that "the 
[P]etitioner has not demonstrated that the specific work she proposes to undertake will offer original 
innovations that will contribute to the education field more broadly." In light of those findings, the 
Director concluded that "USCIS cannot determine that the [P]etitioner's intended employment 
activities have national importance." 
On appeal, the Petitioner asserts that her "engagement in membership associations and national bodies 
such as the National Council of Teachers of English (NCTE) and Correctional Education Association 
(CEA) among others listed in the initial documentation, promotes the impact of the [P]etitioner as a 
teacher beyond the classroom." The Petitioner also asserts that "USCIS excludes [her] proposed 
research intentions and focuses solely on the teaching endeavors while determining the proposed 
endeavor's qualification of national importance under the first prong." The Petitioner further asserts 
that her "proposed educational model is designed and envisioned for use by the nation and the world 
at large." The Petitioner also reiterates the bullet-point list provided above, adding that the endeavor 
will "enhance the educational system, societal welfare, and cultural enrichment via an interdisciplinary 
approach to education through technology .... " 
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In determining national importance, the relevant question is not the importance of the industry, field, 
or profession in which an individual will work; instead, to assess national importance, we focus on the 
"specific endeavor that the [noncitizen] proposes to undertake." See Dhanasar, 26 I&N Dec. at 889. 
Dhanasar provided examples of endeavors that may have national importance, as required by the first 
prong, having "national or even global implications within a particular field, such as those resulting 
from certain improved manufacturing processes or medical advances" and endeavors that have broader 
implications, such as "significant potential to employ U.S. workers or has other substantial positive 
economic effects, particularly in an economically depressed area." Id. at 889-90. 
As the Director acknowledged, the Petitioner's proposed endeavor of teaching English language arts 
to incarcerated youth at a correctional facility has substantial merit. However, the endeavor, as 
articulated in the record, appears to benefit the correctional facility that employs the Petitioner and the 
children incarcerated at that facility whom she teaches. As the Director addressed, the record does not 
establish how the Petitioner, teaching English language arts to children incarcerated at a correctional 
facility, will have national or even global implications within the field of education, nor does it 
establish how the endeavor will have broader implications, such as "significant potential to employ 
U.S. workers or has other substantial positive economic effects, particularly in an economically 
depressed area." Id. 
Although the Petitioner generally asserts on appeal that her "engagement in membership associations 
and national bodies" is an opportunity for her to broaden her teaching philosophy "beyond the 
classroom," the record does not elaborate on what her referenced "engagement" activities would entail 
and how those activities will cause broader implications. Relatedly, although the Petitioner asserted 
in response to the RFE that her endeavor will "reduc[ e] the number of schools with teacher shortages" 
and "place the passion for teaching back in the hearts of teachers in the United States," the record does 
not elaborate on how, as a teacher of children incarcerated at a correctional facility, the Petitioner 
affects the number of schools with teacher shortages or how her particular educational model at the 
correctional facility affects the passion for teaching among teachers in schools in the United States. 
Similarly, although the Petitioner asserts on appeal that her proposed educational model is "envisioned 
for use by the nation and the world at large," the record does not establish how the pursuit of her 
endeavor will accomplish a national or even global implementation of it. 
In turn, although the Petitioner references "research intentions" on appeal, neither the initial 
documentation nor the RFE response provide sufficient information to establish whether that research 
may have national importance, such as what she proposes to research, how she intends to conduct that 
research while working as an English language arts teacher at a correctional facility, and how she plans 
to organize and disseminate her research findings, in order to have the type of broader implications 
contemplated by the first Dhanasar prong. See id. As addressed above, in determining national 
importance, the relevant question is not the importance of the industry, field, or profession in which 
an individual will work; instead, to assess national importance, we focus on the "specific endeavor 
that the [noncitizen] proposes to undertake." See id. at 889. 
In summation, the Petitioner has not established that the proposed endeavor has national importance, 
as required by the first Dhanasar prong; therefore, she is not eligible for a national interest waiver. 
We reserve our opinion regarding whether the record satisfies the second or third Dhanasar prong. 
See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) ("courts and agencies are not required to make 
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findings on issues the decision of which is unnecessary to the results they reach"); see also Matter of 
L-A-C-, 26 I&N Dec. 516, 526 n. 7 (BIA 2015) ( declining to reach alternative issues on appeal where 
an applicant is otherwise ineligible). 
III. CONCLUSION 
As the Petitioner has not met the requisite first prong of the Dhanasar analytical framework, we 
conclude that the Petitioner has not established eligibility for, or otherwise merits, a national interest 
waiver as a matter of discretion. 
ORDER: The appeal is dismissed. 
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