dismissed EB-2 NIW Case: Education

U.S. Citizenship 
and Immigration 
Services 
MATTER OF K-L-H-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 22, 2017 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a teacher, seeks second preference immigrant classification as a member of the 
professions holding an advanced degree, as well as a national interest waiver of the job offer 
requirement attached to this EB-2 classification. See Immigration and Nationality Act (the Act) 
section 203(b)(2), 8 U.S.C. § 1153(b)(2). After the petitioner has established eligibility for EB-2 
classification, U.S. Citizenship and Immigration Services (USCIS) may, as matter of discretion, 
grant a national interest waiver if the petitioner demonstrates: (1) that the foreign national's 
proposed endeavor has both substantial merit and national importance; (2) that the foreign national 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. Matter ol 
Dhanasar, 26 I&N Dec. 884 (AAO 2016). 
The Director of the Texas Service Center denied the Form l-140, Immigrant Petition for Alien 
Worker, finding that the Petitioner qualified for classification as a member of the professions 
holding an advanced degree, but that he had not established that a waiver of the required job offer, 
and thus of the labor certification, would be in the national interest. 
On appeal, the Petitioner submits a brief and argues that he is eligible for a national interest waiver 
due to his "professional experiences as a highly qualified high school English teacher." In June 
2017, we issued a request for evidence (RFE) asking the Petitioner to provide evidence satisfying the 
three-part framework set forth in Dhanasar. In response, he provides further evidence and contends 
that he is eligible for a national interest waiver under the Dhanasar framework. 
Upo'n 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. 
Matter of K-L-H-
Section 203(b) of the Act sets out this sequential framework: 
(2) Aliens who are members of the professions holding advanced degrees or aliens of 
exceptional ability. -
(A) In general. - Visas shall be made available ... to qualified immigrants who 
are members of the professions holding advanced degrees or their equivalent 
or who because of their exceptional ability in the sciences, arts, or business, 
will substantially benefit prospectively the national economy, cultural or 
educational interests, or welfare of the United States, and whose services in 
the sciences, arts, professions, or business are sought by an employer in the 
United States. 
(B) Waiver of job offer-
(i) National interest waiver. ... [T]he Attorney General may, when the 
Attorney General deems it to be in the national interest, waive the 
requirements of subparagraph (A) that an alien's services in the sciences, arts, 
professions, or business be sought by an employer in the United States. 
While neither the statute nor the pertinent regulations define the term "national interest," we recently 
set forth a new framework for adjudicating national interest waiver petitions. See Dhanasar, 26 I&N 
Dec. 884.1 Dhanasar states that after EB-2 eligibility has been established, USCIS may, as a matter 
of discretion, grant a national interest waiver when the below prongs are met. 
The first prong, substantial merit and national importance, focuses on the specific endeavor that the 
foreign national 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. 
The second prong shifts the focus from the proposed endeavor to the foreign national. To determine 
whether he or she is well positioned to advance the proposed endeavor, we consider factors 
including, but not limited to: the individual's education, skills, knowledge and record of success in 
related or similar efforts; a model or plan for future activities; any progress towards achieving the 
proposed endeavor; and the interest of potential customers, users, investors, or other relevant entities 
or individuals. 
The third prong requires the petitioner to demonstrate 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. In 
1 
In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department of 
Transportation, 22 I&N Dec. 215 (Act. Assoc. Comm'r 1998) (NYSDOT). 
2 
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Matter of K-L-H-
performing this analysis, USCIS may evaluate factors such as: whether, in light of the nature of the 
foreign national's qualifications or the proposed endeavor, it would be impractical either for the 
foreign national to secure a job offer or for the petitioner to obtain a labor certification; whether, 
even assuming that other qualified U.S. workers are available, the United States would still benefit 
from the foreign national's contributjons; and whether the national interest in the foreign national's 
contributions is sufficiently urgent to warrant forgoing the labor certification process. Iri each case, 
the factor(s) considered must, taken together, indicate that on balance, it would be beneficial to the 
United States to waive the requirements of a job otTer and thus of a labor certification. 2 
II. ANALYSIS 
The Director found that the Petitoner qualifies as a member of the professions holding an advanced 
degree.3 The sole issue to be determined is whether the Petitioner has established that a waiver of the 
requirement of a job offer, and thus a labor certification, would be in the national interest. 
A. Substantial Merit and National Importance of the Proposed Endeavor 
The Petitioner proposes to continue his work as a high school English and language arts teacher. He 
was previously employed by the in Arizona from February 2013 
until September 2015. Since February 2016, the Petitioner has worked as an English teacher at the 
m Arizona, and his response to our RFE reflects 
that he intends to continue teaching English at 
The Petitioner contends that his training allows him "to facilitate English language arts skills and 
improve students' academic performance. Specifically, English language learners and at-risk 
students at will benefit from my teaching in reading and writing." 
He further states that his work will "maximize students' proficiency scores in English." In addition, 
lead teacher at indicates that the Petitioner's "dedication to developing his 
students' skills is among his highest qualities. Most of the students in. our school are English 
Language Learners (ELL) and struggle with basic syntax and grammatical .skills in English." We 
find that the Petitioner's proposed work teaching English in a charter high school classroom has 
substantial merit as it provides valuable educational benefits to his students. 
To evaluate whether the Petitioner's work satisfies the national importance requirement, we 
requested evidence documenting the "potential prospective impact" of his work. Specifically, we 
requested documentation demonstrating that his proposed work has broader implications for his field, 
as opposed to being limited to the students at the school where he intends to teach. In response, the 
Petitioner maintains that his work teaching ELL students at offers benefits in the field of 
education. He explains that his "students are primarily English Language Learners and they need 
intervention strategies and someone with invaluable experience to facilitate their success in English. 
2 
See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
3 
The Petitioner received a master of arts in teaching degree from 
3 
in November 2012. 
.
Matter of K-L-H-
With my proposed literacy intervention plan and classroom management experience, I will be able to 
ameliorate this relevant problem." 
I 
In addition, Superintendent of a charter school district 
with learning centers in several high poverty areas in Arizona (including notes that 
"[f]inding any English teacher whatsoever in a struggling border town like is daunting 
task," and that few are "as capable and effective" as the Petitioner. further states that 
"every dollar pays to a highly effective teacher, like [the Petitioner], returns to the 
American taxpayer something on the order of $20," which represents a "very significant benefit to 
the United States." He also offers an information sheet about alternative education for high-risk 
students and its impact in Arizona. 
The Petitioner's evidence , however, is not sufficient to demonstrate that his proposed endeavor is of 
national importance. While we acknowledge the merits of the Petitioner's work to improve the 
English language proficiency of his students at the evidence does not demonstrate that his 
instructional activities offer benefits that extend beyond his school or district to impact the fields of 
ELL or alternative education more broadly.4 As the Petitioner has not established that his specific 
endeavor's prospective impact supports a finding of national importance , he has not met the first 
prong of the Dhanasar framework. 
B. Well Positioned to Advance the Proposed Endeavor 
The Petitioner submitted academic records , letters confirming his employment history, evidence of 
his credentials and certifications as a teacher, and various local awards and certificates, including 
numerous certificates of participation, completion , and attendance for training courses and seminars 
relating to his professional development. He also provided his teacher performance evaluations and 
letters of recommendation from colleagues, supervisors, and his pastor, attesting to his teaching 
expertise and positive impact on student performance. 
The references discuss the Petitioner's talent, dedication, and contributions to his schools. For 
example, states that the Petitioner teaches "Spanish speaking students whose proficiency 
in English is quite limited" and that his "ability to effectively manage his students and effectively 
address their learning needs" distinguishes him as an instructor. In addition , indicates 
that the·Petitioner's "9th and lOth grade English Language Arts classes consistently exceeded their 
anticipated academic growth targets." Furthermore, Senior Pastor at 
asserts that the Petitioner "loves to teach and that he has made a lasting impact in 
the lives ofthe students he teaches in the public sector as he has for the church." 
The record demonstrates the Petitioner's qualifications as an experienced teacher, his ability to serve 
at risk students and maximize their English proficiency, and his educational skills and professional 
4 
In Dhanasar, we determined that the petitioner's teaching activities did not rise to the level of having national 
importance because they would not impact his field more broadly. !d. at 893. 
4 
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Matter of K-L-H-
knowledge as an English instructor. In addition to letters of support discussing the Petitioner's 
progress in the classroom, the record contains his favorable teacher performance evaluations, and 
awards and certificates ref1ecting that he .and his students have garnered local recognition for their 
academic accomplishments. Accordingly, the Petitioner has provided evidence that he is well 
positioned to advance his proposed endeavor of increasing his students' English language proficiency, 
and we find therefore that he satisfies the second prong of the Dhanasar framework. 5 
C. Balancing Factors to Determine Waiver's Benefit to the United States 
As explained above, the third prong requires the petitioner to demonstrate that, on balance, it would 
be beneficial to the United States to waive the requirements of a job otTer and thus of a labor 
certification. Here, the Petitioner claims that he is eligible for a waiver due to his teaching 
qualifications, favorable recommendations, and the impracticality of labor certification. However , 
as the Petitioner has not established the national importance of his proposed endeavor as required by 
the first prong of the Dhanasar framework, he is not eligible for a national interest waiver and 
further discussion of the balancing factors under the third prong would serve no meaningful purpose. 
III. CONCLUSION 
As the Petitioner has not met the requisite three prongs set forth in the Dhanasar analytical framework, 
we find that he has not established eligibility for or otherwise merits a national interest waiver as a 
matter of discretion. 
ORDER: The appeal is dismissed. 
Cite as Matter of K-L-H-, ID# 4 78723 (AAO Sept. 22, 2017) 
5 While we find that the Petitioner is well positioned to support ELL students at the evidence is not sufficient to 
demonstrate that his past work has affected the education field beyond the schools where he has taught, or that he has 
otherwise been integral to advancing novel English language learning techniques that have garnered significant interest 
in his field or the charter school industry. Therefore, had the Petitioner met the first prong by demonstrating that his 
proposed endeavor has broader implications in the field (such as by influencing ELL education practices beyond his 
school districts), the record does not show that his background and progress in this broader endeavor renders him well 
positioned to advance it. 
5