dismissed EB-2 NIW Case: Mathematics Education

MATTER OF S-0-B-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 20, 2016 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a mathematics 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 
normally attached to this immigrant classification. See section 203(b)(2)(B)(i) of the Act, 8 U.S.C. 
§ 1153(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, Texas Service Center, denied the petition. The Director found that the Petitioner 
qualified for classification as a member of the professions holding an advanced degree, but that she 
had not established that a waiver of a job offer would be in the national interest. 
'~ 
The matter is now before us on appeal. In her appeal, the Petitioner argues that she satisfies the 
national interest waiver requirements. 
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 visa classification, as either an advanced degree professional or an individual of 
exceptional ability in the sciences arts or business. Because this classification normally 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. 
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 
(b)(6)
Matter ofS-0-B-
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. ... the Attorney General 1 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. 
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 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). 
Matter of New York State Department of Transportation, 22 I&N Dec. 215, 217-18 (Act. Assoc. 
Comm'r 1998) (NYSDOT), set forth several factors which must be considered when evaluating a 
request for a national interest waiver. First, a petitioner must demonstrate that he or she seeks 
employment in an area of substantial intrinsic merit. !d. at 217. Next, a petitioner must show that 
the proposed benefit will be national in scope. !d. Finally, the petitioner seeking the waiver must 
establish that he or she will serve the national interest to a substantially greater degree than would an 
available U.S. worker having the same minimum qualifications. !d. at 217-18. 
While the national interest waiver hinges on prospective national benefit, a petitioner's assurance 
that he or she will, in the future, serve the national interest cannot suffice to establish prospective 
national benefit. !d. at 219. Rather, a petitioner must justify projections of future benefit to the 
national interest by establishing a history of demonstrable achievement with some degree of 
influence on the field as a whole. !d. at 219, n.6. 
II. ANALYSIS 
The Petitioner received a bachelor of science degree in mathematics from in the 
Philippines. The record reflects that the Petitioner holds the foreign equivalent of a U.S. bachelor's 
1 Pursuant to section 1517 of the Homeland Security Act of 2002 ("HSA"), Pub. L. No. I 07-296, 116 Stat. 2135, 2311 
(codified at 6 U.S.C. § 557 (2012)), any reference to the Attorney General in a provision of the Act describing functions 
that were transferred from the Attorney General or other Department of Justice official to the Department of Homeland 
Security by the HSA "shall be deemed to refer to the Secretary" of Homeland Security. See also 6 U.S.C. § 542 note 
(2012); 8 U.S.C. § 1551 note (2012). 
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Matter ofS-0-B-
degree in education with a major in mathematics and has progressive post-baccalaureate experience as 
a teacher equivalent to an advanced degree under the regulation at 8 C.F.R. § 204.5(k)(3)(i)(B). 
Accordingly, the Director found that the Petitioner qualified for classification 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 according to the three-pronged analysis set forth in NYSDOT. 
A. Substantial Intrinsic Merit 
The 'Petitioner previously taught mathematics in the Philippines and Maryland. At the 
time of filing, the Petitioner was teaching mathematics at in 
New Mexico. The Petitioner provided documentation showing that her work as a high school 
mathematics teacher is in an area of substantial intrinsic merit. Accordingly, the record supports the 
Director's determination that the Petitioner meets the first prong of the NYSDOT national interest 
analysis. 
B. National in Scope 
The Director found that the proposed benefit of the Petitioner's work as a school teacher would not 
be national in scope. The Petitioner has not provided evidence establishing that the benefits of her 
work would extend beyond her students and school districts such that they will have a national 
impact. NYSDOT provides examples of employment where the benefits would not be national in 
scope: 
For instance, pro bono legal services as a whole serve the national interest, but the 
impact of an individual attorney working pro bono would be so attenuated at the 
national level as to be negligible. Similarly, while education is in the national 
interest, the impact of a single schoolteacher in one elementary school would not be 
in the national interest for purposes of waiving the job offer requirement of section 
203(b)(2)(B) of the Act. As another example, while nutrition has obvious intrinsic 
value, the work of one cook in one restaurant could not be considered sufficiently in 
the national interest for purposes of this provision of the Act. 
Id at 217, n.3. In the present matter, the Petitioner has not shown the impact of her work as 
mathematics instructor beyond the localities where she teaches and, therefore, that her proposed 
benefits are national in scope. The Petitioner claims that her work is national in scope stating that, 
although her work is "limited geographically within the four (4) comers of her classroom," her 
achievements should be "taken collectively with all other teachers in the state of intended 
employment and valued in relation to the standard set by the United States Government." The 
Petitioner argues that the national priority of "closing the achievement gap," as articulated by the No 
Child Left Behind Act (NCLB) of 2001, means that "the function of a middle school mathematics 
teacher from a particular school in a given state, is truly material in achieving the 'national level 
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' Matter ofS-0-B-
benefits' of closing the achievement gap, making the position as having national character and 
impact." 2 The Petitioner also points to her implementation of techniques in Science, Technology, 
Engineering, and Math (STEM) disciplines and contends that "because the NCLB Act is designed to be 
implemented by and at all levels of the public education system ... the :impact of [the Petitioner's] 
proven success in raising proficiency of her students transcends the classroom and imparts national­
level benefits." 
The Petitioner submits letters favorably attesting to her teaching abilities using varied techniques and 
noting her dedication. The Petitioner also points to her use of STEM techniques in the classroom and 
her "competency of the content areas she was assigned." While STEM teaching has substantial merit in 
relation to U.S. educational interests, the record does not indicate by a preponderance of the evidence 
that the Petitioner would be engaged in activities that would impact the field of STEM education or 
otherwise have implications beyond her own students. Classroom instruction and mentorship, while 
important to individual students and to the institution at which it occurs, does not generally rise to the 
level of having national importance to merit waiver of the job offer requirement. 
The Petitioner also provided evidence discussing the state of education in the United States generally. 
For example, the Petitioner submitted a copy of President George Bush's remarks following the signing 
ofthe Immigration Act of 1990, along with the following articles: "Supporting Science, Technology, 
Engineering, and Mathematics Education, Reauthorizing the Elementary and Secondary Education 
Act," "Effective Programs in Middle and High School Mathematics: A Best-Evidence Synthesis," and, 
"STEM Sell: Are Math and Science Really More Important Than Other Subjects?" These articles do 
( 
not specifically refer to the Petitioner or her work, nor do they explain how the Petitioner's work has 
had a national impact. 
While we acknowledge the Petitioner's use of unique methods and initiatives to encourage her 
students' academic progress, we do not find evidence that the benefits of her work have extended 
beyond her school or district. 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, 
establish that an individual benefits the national interest by virtue of engaging in the field. NYSDOT 
at 217. Such assertions and information address only the "substantial intrinsic merit" prong of 
NYSDOTs national interest test. None of the preceding documents demonstrate that the Petitioner's 
specific work as a teacher has affected the field on a national}evel. 
In the appeal brief, the Petitioner states that she has proven her "capability to serve on national level" 
since she has worked in "various major jurisdictions." Working as a teacher in different schools or 
<;listricts does not establish influence on the field as a whole. We acknowledge that the Petitioner has 
contributed to her students' progress in mathematics, and she has taught in various schools in 
Maryland and New Mexico, however, she has not provided evidence reflecting that her work for 
local school districts has had, or will have, a national effect. As the Petitioner has not demonstrated 
2 No Child Left Behind (NCLB) Act of2001, 20 U.S.C.A. § 6301 et seq. (West 2003) 
4 
Matter ofS-0-B-
the national scope of her work as a mathematics teacher, she does not meet the second prong of the 
NYSDOT national interest analysis. 
C. Serving the National Interest 
It remains, then, to determine whether the Petitioner will benefit the national interest to a greater 
extent than an available U.S. worker with the same minimum qualifications. The Director 
determined that the Petitioner's impact and influence on her field did not satisfy the third prong of the 
NYSDOT national interest analysis. 
The Petitioner submitted academic records, letters confirming her employment history, evidence of 
her credentials and certifications as a teacher, and various awards and certificates. University 
degrees, occupational experience, licenses and professional certifications, membership in 
associations, and recognition for achievements are elements that can contribute toward a finding of 
exceptional ability. See 8 C.F.R. § 204.5(k)(3)(ii)(A), (B), (C), (E), and (F), respectively. As 
individuals of exceptional ability and members of the professions holding an advanced degree are 
generally subject to the job offer/labor certification requirement, they cannot qualify for a national 
interest waiver just by demonstrating a degree of expertise significantly above that ordinarily 
encountered in their field. In addition to demonstrating eligibility for the underlying immigrant visa 
classification, an individual requesting a waiver of the job offer must satisfy the three prongs of the 
NYSDOT national interest analysis. Without evidence demonstrating that the Petitioner's work has 
affected the field as a whole, employment in a beneficial occupation such as a teacher does not, by 
itself, qualify her for the national interest waivee 
The Petitioner also submitted numerous certificates of participation, completion, and attendance for 
training courses and seminars relating to her professional development. While taking courses and 
attending seminars are ways to increase one's professional knowledge and to improve as a teacher, 
there is nothing inherent in these activities to e~tablish eligibility for the national interest waiver. 
The Petitioner states that "the American work force will directly benefit from her waiver, because 
federally funded schools for the education of children will continue to meet the standards required 
under the law." She contends that the demand for highly qualified teachers has "escalated" due to 
the "poor performance of American students compared to other nations." The Petitioner did not 
submit evidence, however, that indicates that her work has increased the performance of American 
students in general or explain how her work as a classroom teacher will lead to benefits for the 
American work force. There is no documentation demonstrating that the Petitioner's work has had an 
impact or influence outside of the school where she has taught. 
In addition, the Petitioner submitted letters of recommendation from former colleagues, supervisors, 
students, and parents of students, attesting to her teaching expertise and positive impact on student 
performance. The references discussed the Petitioner's talent, dedication, and contributions to her 
schools, but they did not indicate that she has had the wider impact and influence necessary to 
qualify for the national interest waiver under NYSDOT. 
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(b)(6)
Matter ofS-0-B-
For example, the Petitioner provided a letter of support from academic content 
liaison for who states that the Petitioner is a "dedicated hard-working 
teacher," and that "she always goes above and beyond to prepare meaningful lessons for her 
students." Similarly, principal, describes the Petitioner as 
"highly competent, hard-working and dedicated to her work." academic dean, 
also notes the Petitioner's dedication to her students and writes that "she has 
demonstrated commendable performance to create an environment that is conducive to learning." 
While the letters uniformly attest to the Petitioner's hard work and dedication to her students, they 
do not indicate how the Petitioner's work has altered teaching practices outside of her school district 
or has otherwise influenced the field of education as a whole. 
Several letters also commend the Petitioner on her use of a wide variety of instructional techniques, 
hands-on activities, and applications to real world problems. For example, bridge/night 
school coordinator for states that the Petitioner "prepared varied and differentiated 
students' activities that would address the goals and objectives that were aligned to the curriculum." 
special education teacher at 
compliments the Petitioner on her ability to work "harmoniously with colleagues, administration, 
parents, and community," and her "collaborative" teaching style. L*e the letters noted above, these 
statements do not indicate that the Petitioner's work has extended beyond her classroom or district or 
that it has impacted the field generally. The Petitioner must still demonstrate specific prior 
achievements in the field that 
establish her ability to benefit the national interest. !d. at 219, n.6. 
In a supporting statement, the Petitioner points to evidence of teacher shortages nationwide and 
indicates that a lack of qualified teachers can hinder students: pursuit of a college degree. The U.S. 
Department of Labor (DOL) addresses worker shortages through the labor certification process, and 
therefore a shortage of qualified professionals alone is not sufficient to demonstrate eligibility for the 
national interest waiver. See NYSDOT, 22 I&N Dec. at 218. In addition, the Petitioner contends that 
her expertise in mathematics and her background teaching in different states and countries, offers 
students a benefit that serves the national interest. Any statement that a petitioner possesses useful 
skills or a "unique background," however, relates to whether similarly trained workers are available 
in the United States and is an issue under the jurisdiction of the DOL through the labor certification 
process. !d. at 221. 
The Petitioner requests that we consider her dedication, the actions she has taken to prepare her 
students, her volunteer work at school, and the praise offered by former students. While the 
submitted documentation indicates that the Petitioner is an effective teacher who is highly respected 
by her students, the record does not show that her work as a middle and high school Jeacher has 
influenced the field at a level sufficient to justify a waiver of the job offer requirement. Accordingly, 
the Petitioner has not demonstrated that she meets the third prong ofthe NYSDOT national interest 
analysis. 
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Matter ojS-0-B-
III. CONCLUSION 
Considering the letters of support and other evidence in the aggregate, the Petitioner has not 
established by a preponderance of the evidence that the proposed benefits of her work are national in 
scope, that she has a past record of demonstrable achievement with some degree of influence on the 
field as a whole, or that she will otherniise serve the national interest to a substantially greater degree 
than would an available U.S. worker having the same minimum qualifications. Accordingly, she has 
not established eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. 
§ 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013). 
ORDER: The appeal is dismissed. 
Cite as Matter ofS-0-B-, ID 79458 (AAO Oct. 20, 2016)