dismissed EB-2 NIW Case: Education

(b)(6)
U.S. Department of Homeland Security 
U.S. Citizen ship and Immigration Services 
Office of Admin istrative Appeals 
20 Massachusetts Ave., N.W., MS 2090 
Washingt on, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
DATE: OCT 0 8 2013 Office: TEXAS SERVICE CENTER FILE: 
INRE : Petitioner: 
Beneficiary: 
PETITION: Immigrant Petition for Alien Worker as a Member of the Professions Holding an Advanced 
Degree or an Alien of Exceptional Ability Pursuant to Section 203(b)(2) of the Immigration 
and Nationality Act, 8 U.S.C. § 1153(b )(2) 
ON BEHALF OF PETITIONER : 
INSTRUCTIONS : 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. 
This is a non-pr ecedent decision . The AAO does not 
announce new constructions of law nor establi sh agency 
policy through non-precedent decisions . If you believe the AAO incorrectly applied current law or policy to 
your case or if you seek to present new facts for consideration, you may file a motion to reconsider or a 
motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion (Form I-290B) 
within 33 days of the date of this decision. Please review the Form I-290B instructions at 
http://www.uscis.gov/forms for the latest information on fee, filing location, and other requirements. 
See also 8 C.P.R. § 103.5. Do not file a motion directly with the AAO . 
Thank you, 
)v{ Otflri YIIJ~ 
[ Ron Rosenberg 
Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the immigrant visa petition and the 
matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be 
dismissed. 
The petitioner seeks classification under section 203(b)(2) of the Immigration and Nationality Act (the 
Act), 8 U.S.C. § 1153(b)(2), as a member of the professions holding an advanced degree. According to 
Part 6 of the Form I-140, the petitioner seeks employment as a "Mathematics Teacher" for 
_ At the time of filing, the petitioner was teaching 8th grade 
mathematics students at m Maryland. The etitioner 
previously worked as a teacher at in Arizona, and a~ 
and in the Philippines. The petitioner asserts 
that an exemption from the requirement of a job offer, and thus of a labor certification, is in the national 
interest of the United States. The director found that the petitioner qualifies for classification as a 
member of the professions holding an advanced degree, but that the petitioner has not established that 
an exemption from the requirement of a job offer would be in the national interest of the United States. 
On appeal, the petitioner submits a brief from counsel. 
Section 203(b) of the Act states, in pertinent part: 
(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) .. . the 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, mts, professions, or business be sought by an employer 
in the United States. 
The record reflects that the petitioner qualifies as a member of the professions holding an advanced 
degree. The sole issue in contention is whether the petitioner has established that a waiver of the job 
offer requirement, and thus a labor certification, is in the national interest. 
Neither the statute nor the pertinent regulations define the term "national interest." Additionally, 
Congress did not provide a specific definition of "in the national interest." The Committee on the 
Judiciary merely noted in its report to the Senate that the committee had "focused on national interest by 
(b)(6)
NON-PRECEDENT DECISION 
Page 3 
increasing the number and proportion of visas for immigrants who would benefit the United States 
economically and otherwise .... " S. Rep. No. 55, lOlst Cong., 1st Sess., 11 (1989). 
Supplementary information to regulations implementing the Immigration Act of 1990, published at 
56 Fed. Reg. 60897, 60900 (November 29, 1991), states: 
The Service [now U.S. Citizenship and Immigration Services (USCIS)] believes it 
appropriate to leave the application of this test as flexible as possible, although clearly 
an alien seeking to meet the [national interest] standard must make a showing 
significantly above that necessary to prove the "prospective national benefit" 
[required of aliens seeking to qualify as "exceptional."] The burden will rest with the 
alien to establish that exemption from, or waiver of, the job offer will be in the 
national interest. Each case is to be judged on its own merits. 
In re New York State Dept. of Transportation (NYSDOT), 22 I&N Dec. 215, 217-18 (Act. Assoc. 
Comm'r 1998), has set forth several factors which must be considered when evaluating a request for a 
national interest waiver. First, the petitioner must show that the alien seeks employment in an area of 
substantial intrinsic merit. Next, the petitioner must show that the proposed benefit will be national in 
scope. Finally, the petitioner must establish that the alien will serve the national interest to a 
substantially greater degree than would an available United States worker having the same minimum 
qualifications. 
While the national interest waiver hinges on prospective national benefit, the petitioner must establish 
that the alien's past record justifies projections of future benefit to the national interest. The petitioner's 
subjective assurance that the alien will, in the future, serve the national interest is not sufficient to 
establish prospective national benefit. The intention behind the term "prospective" is to require future 
contributions by the alien, rather than to facilitate the entry of an alien with no demonstrable prior 
achievements, and whose benefit to the national interest would thus be entirely speculative. 
The petitioner has established that her work as a mathematics, science, and physics teacher is in an 
area of substantial intrinsic merit. It remains, then, to determine whether the proposed benefits of 
petitioner's will be national in scope and whether she will benefit the national interest to a greater 
extent than an available U.S. worker with the same minimum qualifications. 
Eligibility for the waiver must rest with the alien's 
own qualifications rather than with the position 
sought. Assertions regarding the overall importance of an alien's area of expertise cannot suffice to 
establish eligibility for a national interest waiver. Id. at 220. Moreover, it cannot suffice to state that 
the alien possesses useful skills, or a "unique background." Special or unusual knowledge or 
training does not inherently meet the national interest threshold. The issue of whether similarly­
trained workers are available in the United States is an issue under the jurisdiction of the Department 
of Labor. !d. at 221. 
The petitioner filed the Form I-140 petition on October 31, 2011. In an October 24, 2011 letter 
accompanying the petition, counsel stated that the petitioner's "petition for waiver of the labor 
(b)(6)
NON-PRECEDENT DECISION 
Page4 
certification is premised on her Master's Degree in Education, over twenty (20) years of dedicated 
and progressive teaching experience in Mathematics, the awards received by her as champion coach, 
recognition accorded her by peers and government agencies both in the United States of America 
and the Philippines, including Co-Authorship of a source book in physics which is still being used 
by teachers in the Philippines." Academic degrees, experience, and recognition for achievements by 
peers or governmental entities are elements that can contribute toward a finding of exceptional 
ability. See 8 C.F.R. § 204.5(k)(3)(ii)(A), (B), and (F), respectively. Exceptional ability, in tum, is 
not self-evident grounds for the waiver. See section 203(b )(2)(A) of the Act. The national interest 
waiver is an additional benefit, separate from the classification sought, and therefore eligibility for 
the underlying classification does not imply eligibility for the additional benefit of the waiver. The 
petitioner's awards, work as an educator, and co-authorship will be further discussed later in this 
decision. 
The petitioner submitted various letters of support from administrators, teachers, and students 
discussing her work as an educator. As some of the letters contain similar claims addressed in other 
letters, not every letter willbe quoted. Instead, only selected examples will be discussed to illustrate 
the nature of the references' claims. 
Principal, _______________ stated: 
[The petitioner] has been an excellent staff member of smce 
joining our staff in August 2008. During her tenure, she has done an excellent job of 
managing her 8th grade Mathematics students, has provided consistent rigorous instruction, 
and often, can be found at school after hours grading papers and planning for the next 
instructional day. 
[The petitioner] would benefit tremendously to have an opportunity to remain within the 
United States to serve her students. She is committed to her profession and has been a 
tremendous asset to 
Mr. comments on the petitioner's effectiveness as a mathematics teacher at 
but he does not indicate that the petitioner's work has had, or will continue to have, 
an impact beyond the students under her tutelage and the local school system that employed her. 
a former student of the petitioner, stated: 
[The petitioner] was my Algebra 2 teacher when I attended [The 
petitioner] has been a phenomenal Algebra teacher. She is by far the most dedicated math 
teacher I have ever had. These features were demonstrated when she stayed up late after a 
long day of school to assist me understand a few arduous algebra concepts. [The petitioner] 
made sure every student preformed [sic] their best by making the most difficult algebra 
concepts into "piece of cake" concepts. 
(b)(6)
NON-PRECEDENT DECISION 
Page 5 
Mr. expresses admiration for the petitioner's dedication and teaching skills, but he fails to 
provide specific examples of how thepetitioner's work has influenced the field as a whole. At issue 
is whether this petitioner's contributions in the field are of such significance that she merits the 
special benefit of a national interest waiver, a benefit separate and distinct from the visa 
classification she seeks. A petitioner must demonstrate a past history of achievement with some 
degree of influence on the field as a whole. !d. at 219, n. 6. 
Math Department Head, stated: 
[The petitioner] has taught Math subjects, such as Geometry, Algebra 1 and 2, and College 
Algebra, to Grades 9 through 12 students here at 
[The petitioner] demonstrates an admirable level of professionalism. In the classroom, she 
conducts Math lessons and activities that are intellectually stimulating and fund for students 
to engage in. She communicates her high expectations to her students thereby challenging 
them to do their best. She commands authority as well as respect from her students. 
As a colleague, [the petitioner] is dependable. She accepts workload without hesitation. 
Aside from classroom assignments, she volunteers in performing other duties like tutoring 
for AIMS in Math, serving as a detention supervisor in our Wednesday/Saturday School, 
chaperoning in school dances, and assisting in district-sponsored sports events, among others. 
Ms. comments on the petitioner's teaching qualities and responsibilities at 
but Ms. observations do not set the petitioner apart from other competent and 
qualified teachers, or explain how the petitioner's work has impacted the field beyond the students at 
The petitioner's references praise her teaching abilities and personal character, but they do not 
demonstrate that the petitioner's work has had an impact or influence outside of the schools where 
she has worked. They also do not address the NYSDOT guidelines which , as published precedent , 
are binding on all USCIS employees. See 8 C.P.R. § 103.3(c). That decision cited school teachers 
as an example of a profession in a field with overall national importance (education), but in which 
individual workers generally do not produce benefits that are national in scope. NYSDOT at 217, 
n.3. 
In addition to reference letters, the petitioner submitted the following: 
1. A certificate for "Outstanding Teacher of the Year" from the 
"in recognition of her Outstanding Achievement as Secondary 
Mathematics and Science teacher of the (March 23, 2005); 
2. A "Most Outstanding Teacher Award" from the 
Region 2, Division of "in grateful recognition of her exemplary performance in 
the delivery of basic quality education to the learners as exemplified by her sincerity, 
commitment and dedication to service, worthy of emulation" (April 5, 2006); 
(b)(6)
NON-PRECEDENT DECISION 
Page 6 
3. A Certificate of Recognition naming the petitioner "Regional Champion Coach in the 
Science and Technology category of the (October 30, 
2001); 
4. A Certificate of Recognition from the _ for 
"exemplary performance as Champion- Coach during the conduct of the SY 2005-2006 
Regional Science Fair" (December 9, 2005); 
5. A Certificate of Recognition from the _ 
Division of Isabela for coaching students who "garnered FIRST PLACE in the 2005 
DIVISION INTEL SCIENCE FAIR Physical Science- Team Category held on October 
27, 2005"; 
6. A Certificate of Recognition from the 
"for having garnered First Placer during the First Division 
Mathematics Camp by the Mathematics Teachers Association of the 
held at (January 15, 2006); 
7. An Excellence Award "in recognition of her Outstanding Achievement as Regional 
Math/Science Coach and Science Club Adviser of the (September 
29, 2004); 
8. A Certificate of Appreciation from the 
which was adjudged 2nd Place~ in the 
'(June 30, 2004); 
9. A Certificate of Participation as coach of 
for coaching "the 
(January 28, 2006); 
in celebration of the 
team in the 1st 
10. A Certificate of Excellence from the principal of for the 
petitioner ' s '"Commitment to Excellence' to the students of 
School's Extended Learning Opportunities Program" (June 16, 2011); 
11. A Certificate of Recognition from the principal of for the 
petitioner's '"Commitment to Excellence' to the students of 
Extended Learning Opportunities" program" (June 14, 2009); 
12. A Certificate of Appreciation "for her valued and meritorious services as Facilitator in 
the conducted 
at (February 2003) ; 
13. A Certificate of Recognition for efforts as Co-chairman during the planning conference 
for the' 
'(July 9, 2004); 
14. A Certificate of Appreciation for serving as co-trainer for the "Seminar Workshop on 
(May 7, 2005); 
15. A Certificate of Recognition from the for 
"support as Lecturer and Facilitator in the Regional Training Program on the Practical 
Approach in Teaching Math and Science" (May 11, 2004); 
16. A Certificate of Merit for serving "as Lecturer during the two-day Inservice Training 
Workshop held at the (June 29, 2001); 
17. A Certificate of Recognition from the principal of for the petitioner' s 
"service as Math tutor" (May 20, 2008); 
(b)(6)
NON-PRECEDENT DECISION 
Page 7 
18. A Certificate of Accreditation from the 
certifying that the petitiOner is "qualified to act as ROOM 
EXAMINER in any 
2002); 
19. An award certificate for the petitioner's 
(March 3, 2007); 
... within ' (April 17, 
"performance as Presenter during the 
'seminar at 
20. A Certificate of Participation for involvement "in the 
- ' (April 2005); 
21. A Certificate of Appreciation from 
rendered "as cooiJerating/critic teacher to 
(February 28, 1997); 
for service 
" a student teacher from 
22. A Certificate of Appreciation from for "services rendered as 
cooperating teacher to ... student teachers from December 3, 2001 to February 28, 
2002"; 
23. A Maryland Educator Certificate; 
24. Arizona Department of Education Teaching Certificates; 
25. A "Certification of Good Standing" from the Republic of the Philippines Professional 
Regulation Commission, Manila; 
26. A "Report of Rating" stating that the petitioner "passed the professional board 
examination for teachers"; 
27. A "Professional Teacher" identification card from the Republic of the Philippines 
Professional 
Regulation Commission; 
28. Degrees and academic transcripts; 
29. Employment verifications; and 
30. Certificates of Membership for the Maryland Chapter of the Association of Filipino 
Teachers of America. 
Again, academic records, professional certifications, memberships, and recognition for achievements 
are all elements that pertain to a finding of exceptional ability, but exceptional ability is not 
sufficient to warrant the national interest waiver. The plain language of section 203(b)(2)(A) of the 
Act indicates that aliens of exceptional ability are subject to the job offer requirement (including 
alien employment certification). Particularly significant awards may serve as evidence of the 
petitioner's impact and influence on her field, but the petitioner has failed to demonstrate that the 
awards she received (items 1 - 22) have more than regional, local, or institutional significance. For 
instance, the petitioner's certificates from the Philippines Department of Education, reflect 
regional recognition as an educator rather than nationally significant awards in the field of education. 
There is no documentary evidence showing that items 1 - 30 are indicative of the petitioner's 
influence on the field of education at the national level. 
The petitioner submitted a certification from 
Director 
Secondary School Principal and 
stating: "This is to certify that [the 
(b)(6)
NON-PRECEDENT DECISION 
Page 8 
petitioner] . . . has co-authored a book entitled, 
. duly endorsed and recognized in the Department of Education of " The 
petitioner .also submitted a copy of the book identifying her name among its 36 coauthors. While the 
petitioner appears to have contributed at some level to this book, there is no documentary evidence 
showing that her material was utilized and adopted by schools outside of Moreover, there 
is no evidence demonstrating that the petitioner's specific contribution to the text has influenced the 
field as whole or otherwise had a national impact. 
The petitioner submitted certificates of proficiency, participation, completion , and attendance for 
training courses, seminars, and workshops relating to her professional development. While taking 
courses and attending seminars and workshops are ways to increase one's professional knowledge 
and to improve as a teacher , there is nothing inherent in these activities to establish eligibility for the 
national interest waiver. 
The director issued a request for evidence, instructing the petitioner to submit evidence to establish 
that the benefits of her proposed employment would be national in scope and that she "has a past 
record of specific prior achievement with some degree of influence on the field as a whole." 
In response, the petitioner submitted a March 14, 2008 article in The New York Times entitled 
"Report Urges Changes in Teaching Math," a 2009 article in the Wall Street Journal entitled "The 
Importance Math & Science in Education," an article in the Huffington Post entitled "STEM Sell: 
Are Math and Science Really More Important Than Other Subjects?, " the written testimony of 
Microsoft's Bill Gates before the Committee on Science and Technology of the United States House 
of Representatives (March 12, 2008), an article entitled "Supporting Science, Technology, 
Engineering, and Mathematics Education - Reauthorizing the Elementary and Secondary Education 
Act," a copy of Section 1119 of the No Child Left Behind Act (NCLBA) , a statement by U.S. 
Secretary of Education Ame Duncan on the National Assessment of Educational Progress Reading 
and Math 2011 Results, information about STEM (science, technology, engineering and 
mathematics) fields printed from the online encyclopedia Wikipedia, an article entitled "Effective 
Programs in Middle and High School Mathematics: A Best-Evidence Synthe sis," and an article 
discussing the highlights from the Trends in Intemational Mathematics and Science Study (2007). As 
previously discussed, general arguments or information regarding the importance of a given field of 
endeavor, or the urgency of an issue facing the United States, cannot by themselves establ{shthat an 
individual alien benefits the national interest by virtue of engaging in the field . NYSDOT, 22 I&N 
Dec. at 217. Such assertions address only the "substantial intrinsic merit" prong of NYSDOTs 
national interest test. None of the preceding documents demonstrates that the petitioner's specific 
workhas influenced the field as a whole. 
The petitioner submitted a July 7, 2011 news release entitled Public 
Schools agrees to pay $4.2 million in back wages for violations of H-1B temporary foreign worker 
program." The U.S. Department of Labor invoked the debarment provisions of section 
212(n)(2)(C)(i) of the Act against owing to certain immigration violations by that employer. 
As a 1'esult, between March 16, 2012 and March 15, 2014, USCIS cannot approve any employment-
(b)(6)
NON-PRECEDENT DECISION 
Page 9 
based immigrant or nonimmigrant petitions filed by This debarment means that IS, 
temporarily, unable to file its own petition on the alien's behalf, and thus explains why labor 
certification is not an option in the short term. The inapplicability or unavailability of a labor 
certification cannot be viewed as sufficient cause for a national interest waiver; the petitioner still 
must demonstrate that she will serve the national interest to a substantially greater degree than do 
others in the same field. NYSDOT at 218 n.5. Any waiver must rest on the petitioner's individual 
qualifications, rather than on the circumstances that (temporarily) prevent from filing a 
petition on her behalf. 
The petitioner submitted a letter from 
, stating: 
Principal, 
This year [the petitioner] taught mathematics to our Special Education students. Her 
level of 
expertise of the subject matter and ability to provide differentiated instruction to meet the 
variety of students' learning styles were contributing factors to our students' scores on 
formative assessments increasing significantly that caused to 
meet proficiency in state and countywide assessments. 
We have already begun planning for the upcoming 2012-13 school year and expect [the 
petitioner] to be a part of our faculty and to be the Chair of the There is 
a shortage of highly qualified mathematics teachers who is [sic] effective in our Special 
Education department. 
Ms. asserts that the petitioner contributed to her school's increased scores on state and county 
wide assessments, but Ms. s observations do not set the petitioner apart from other competent 
and qualified teachers, or explain how the petitioner's work has impacted the field beyond 
Ms. also points to "a shortage of highly qualified math teachers." As 
the employment certification process was designed to address the issue of worker shortages, a shortage 
of qualified workers in a given field is not a persuasive argument for demonstrating eligibility for the 
national interest waiver. The issue of whether similarly-trained workers are available in the U.S. is 
an issue under the jurisdiction of the Department of Labor. NYSDOT at 221. 
The petitioner also submitted a letter from --::::::::i;::=== 
Mathematics Teacher, 
Grade Level Chairperson and 
stating: 
[The petitioner] is highly skilled at her job, always attending to details and expeditious in 
making improvements to enhance our academic environment. She is adept at using acquired 
knowledge with children in the classroom and other settings. She is well-liked and respected 
by the staff, parents and students. She is very creative, motivating, and reinforcing. She is an 
outstanding teacher. 
1 
The list of debarred and disqualified employers is available on the U.S. Department of Labor's website. See 
http://www .dol.gov/whd/immigration/HIBDebam1ent.htm, accessed on September 18, 2013 , copy incorporated into the 
record of proceeding. 
(b)(6)
NON-PRECEDENT DECISION 
Page 10 
[The petitioner] enthusiastically and skillfully applies instructional mathematical strategies to 
meet the needs of all learners. Her thorough knowledge of her job allows her to foresee 
instructional situations, which allows proactive instead of reactive decisions. She is 
conscientious, courteous, and consistently looks for ways to improve the positive and healthy 
school environment. Her efforts were noted through daily instruction, peer coaching and 
developing instructional information sessions for parents. 
Ms. comments favorably on the petitioner's teaching qualities, but Ms. does not 
indicate mat the petitioner's impact or influence as a teacher is national in scope. 
In addition, the petitioner submitted a letter from Special Education Department 
Chair, stating: 
[The petitioner] is a certified Physics/Math teacher. Her teaching skills within these highly 
desired instructional areas on the secondary level have been outstanding. As a general 
education and special education teacher, she has demonstrated the ability to coordinate and 
manage the necessary support of each student under her charge. She has shared her 
knowledge and insight with her students, fellow teachers and parents as she skillfully 
implemented the modifications and accommodations as stated within the students' IEPs 
[Individualized Education Programs]. Her genuine care and concern for the students is 
evident in the way she always solicits input and feedback from each member of the 
instructional team. 
Mr. praises the petitioner's skills as an educator, but he fails to provide specific examples of 
how the petitioner's work has influenced the field as a whole. 
The petitioner's references speak admirably about her, but their comments do not establish that the 
benefits of her employment with are national in scope or that her past record of achievement 
is at a level that would demonstrate ner eligibility for a national interest waiver. The Board of 
Immigration Appeals (BIA) has held that testimony should not be disregarded simply because it is 
"self-serving." See, e.g., Matter of S-A-, 22 I&N Dec. 1328, 1332 (BIA 2000) (citing cases). The 
BIA also held, however: "We not only encourage, but require the introduction of con·oborative 
testimonial and documentary evidence, where available." /d. If testimonial evidence lacks 
specificity, detail, or credibility, there is a greater need for the petitioner to submit corroborative 
evidence. Matter of Y-B-, 21 I&N Dec. 1136 (BIA 1998). 
The opinions of the petitioner's references are not without weight and have been considered above . 
USCIS may, in its discretion, use as advisory opinions statements submitted as expert testimony. 
See Matter of Caron International, 19 I&N Dec. 791, 795 (Comm'r 1988). However, USCIS is 
ultimately responsible for making the final determination regarding an alien's eligibility for the 
benefit sought. /d. The submission of letters of support from the petitioner's personal contacts is 
not presumptive evidence of eligibility; USCIS may evaluate the content of those letters as to 
whether they support the alien's eligibility. See id. at 795-796; see also Matter of V-K-, 24 I&N 
(b)(6)
NON-PRECEDENT DECISION 
Page 11 
Dec. 500, n.2 (BIA 2008) (noting that expert opinion testimony does not purport to be evidence as to 
"fact"). 
The director denied the petition on September 6, 2012. The director found that the petitioner failed to 
establish that an exemption from the requirement of a job offer would be in the national interest of the 
United States. The director indicated that the petitioner had not shown that the benefits of her work as a 
public school mathematics teacher "will be national in scope." The director also determined that the 
petitioner had failed to demonstrate that she "would specifically benefit the national interest of the 
United States to a substantially greater degree than a similarly qualified U.S. worker." 
On appeal, counsel asserts: "The academic performance of each American student is weighed 
against the rest across the nation for each grade level by the United States Department of Education 
for the purpose of determining their competitive standing globally which crucially gauges the 
prospective economic condition of the United States of America." Counsel further states: 
[T]he most tangible national benefit to be derived from a 'Highly Qualified Mathematic s 
Teacher' is recreating a society of responsible and values-driven citizens including a highly 
productive and well-balanced work force that would translate the current recession adversely 
affecting the United States of America into a formidable economy again including national 
security. 
Counsel does not explain how the actions of one teacher would contribute significantly to 
nationwide social reform, economic recovery, or national security. 
Counsel quotes remarks made by then-President George H.W. Bush when he signed the Immigration 
Act of 1990, which created the national interest waiver: "This bill provides for vital increases for 
entry on the basis of skills, infusing the ranks of our scientists and engineers and educators with new 
blood and new ideas." Counsel interprets this passage to mean that Congress created the national 
interest waiver for educators. The Immigration Act of 1990, however, was not restricted to the 
creation of the waiver. It was, rather, an overhaul of the entire immigration structure, creating new 
employment-based immigrant classifications to replace the "third preference" and "sixth preference " 
classifications previously in place. "[S]cientists and engineers and educators" are all members of the 
professions who, under the terms dictated by Congress in the Immigration Act of 1990 (as it 
amended the Act), are all subject to the job offer requirement. 
Counsel asserts that providing "legal immigrant status for 'Highly Qualified Mathematics Teachers' 
including [the petitioner] ... will not only help improve the Mathematics Education in the country 
but more importantly serve as 'key to the nation's economic prosperity.'" Again, counsel does not 
explain how the actions of one teacher would contribute significantly to improving the national 
educational system or the U.S. economy. Congress could have created a blanket waiver for 
mathematics teachers, but did not do so. Instead, the job offer requirement applies to member s of 
the professions (such as public school teachers) and to aliens of exceptional ability (i.e., foreign 
national workers who show a degree of experti se significantly above that ordinarily encountered in a 
given field). 
(b)(6)
NON-PRECEDENT DECISION 
Page 12 
Counsel emphasizes "the critical timeline" and "time-sensitive obligation" for hiring "Highly 
Qualified Teachers,"' and claims that the labor certification process cannot accommodate this need 
because "[t]he United States Department of Labor minimum education requirement ... for High 
School Teacher is just a bachelor's degree." Section 9101(23) of the NCLBA, 20 U.S.C. 
§ 7801(23), defines the term "highly qualified" in reference to teachers. Sections 9101(23)(B) and 
(C) of the NCLBA require that a "highly qualified" teacher "holds at least a bachelor's degree." 
Section 9101(23)(B) of the NCLBA also refers to "highly qualified" teachers who are "new to the 
profession." Thus, the petitioner's master's degree and 
more than twenty years of experience are not 
required for "highly qualified" status under the NCLBA. Counsel, therefore, does not support the 
claim that the labor certification process frustrates the NCLBA's mandate for schools to employ 
"highly qualified 
teachers." 
Counsel states that "unquantifiable factors that zero in on 'passion"' distinguish the petitioner from 
qualified United States workers and that labor certification cannot take these factors into account, 
but the record contains no evidence to support the claims. The unsupported assertions of counsel do 
not constitute evidence. See Matter of Obaigbena, 19 I&N Dec. 533, 534 n.2 (BIA 1988); Matter of 
Laureano, 19 I&N Dec. 1, 3 n.2 (BIA 1983); Matter of Ramirez-Sanchez, 17 I&N Dec. 503, 506 (BIA 
1980). 
Counsel contends that, under the NCLBA, schools that fail to meet specified benchmarks will lose 
federal funding and be "abolished," thereby putting teachers out of work. Counsel, however, offers 
no specific examples of school closures and teacher layoffs attributable to not meeting NCLBA 
standards. Again, the unsupported assertions of counsel do not constitute evidence. See Matter of 
Obaigbena at 534 n.2; Matter of Laureano at 3 n.2; Matter of Ramirez-Sanchez at 506. Counsel asserts 
that by waiving the labor certification requirement for highly qualified teachers such as the 
petitioner, "more American teachers will have ... employment opportunities" because standards will 
be met and schools will not be abolished. However, neither the Immigration and Nationality Act nor 
the NCLBA, create or imply any blanket waiver for highly qualified foreign teachers. USCIS grants 
national interest waivers on a case-by-case basis, rather than establishing blanket waivers for entire 
fields of specialization. NYSDOT at 217. 
Counsel asserts: "Exclusively and strictly enforcing the rudiments behind the New York State 
Department of Transportation Case to Highly Qualified Teachers is unjust, umeasonable and 
damaging to the 'Best Interest' of the American School Children." Precedent decisions are binding 
on all USCIS employees in the administration of the Act. See 8 C.P.R. § 103.3(c). Counsel cites no 
statute, regulation or case law that would require or permit USCIS to disregard NYSDOT as it applies 
to school teachers. Counsel refers to presidential speeches and federal initiatives such as the 
NCLBA, stating that they demonstrate the "underlying urgency on this matter," but counsel 
identifies no special legislative or regulatory provisions that exempt school teachers from NYSDOT 
or reduce its impact on them. 
Counsel does not support the assertion that the NCLBA modified or superseded NYSDOT; that 
legislation did not amend section 203(b)(2) of the Act. As previously discussed, the unsupported 
(b)(6)
NON-PRECEDENT DECISION 
Page 13 
assertions of counsel do not constitute evidence. See Matter of Obaigbena at 534 n.2; Matter of 
Laureano at 3 n.2; Matter of Ramirez-Sanchez at 506. In contrast, section 5 of the Nursing Relief for 
Disadvantaged Areas Act of 1999, Pub. L. 106-95 (November 12, 1999), specifically amended the 
Immigration and Nationality Act by adding section 203(b)(2)(B)(ii) to create special waiver 
provisions for certain physicians: Because Congress not only can amend the Act to clarify the 
waiver provisions, but has in fact done so in direct response to NYSDOT , counsel has not shown that 
the NCLBA indirectly implies a similar legislative change. 
A plain reading of the statute indicates that engaging in a profession (such as teaching) does not 
presumptively exempt such professionals from the requirement of a job offer based on national interest. 
The petitioner has not established that her past record of achievement is at a level that would justify 
a waiver of the job offer requirement which, by law, normally attaches to the visa classification 
sought by the petitioner. The petitioner need not demonstrate notoriety on the scale of national 
acclaim, but the national interest waiver contemplates that her influence be national in scope. See 
NYSDOT, 22 I&N Dec. 217 n.3. More specifically, the petitioner "must clearly present a significant 
benefit to the field of endeavor." !d. at 218. See also id. at 219 n.6 (the alien must have "a past 
history of demonstrable achievement with some degree of influence on the field as a whole."). On 
the basis of the evidence submitted, the petitioner has not established that a waiver of the requirement of 
an approved labor certification will be in the national interest of the United States. 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361; Matter of Otiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has not been met. 
ORDER: The appeal is dismissed.