dismissed EB-2 NIW Case: Mathematics Education

MATTER OF M-I-B-M-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 12, 2016 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
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 § 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, Nebraska Service Center, denied the petition. The Director found that the Petitioner 
qualified for classification as a member of the professions holding ari 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 1 
are members of the professions holding advanced degrees or their equivalent or 
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Matter of M-1-B-M-
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
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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, 101st 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. Id. 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. ld. 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 and a 
bachelor of science degree in commerce from both in the Philippines. The 
record reflects that the Petitioner holds the foreign equivalent of U.S. baccalaureate degrees in 
1 Pursuant to section 1517 ofthe Homeland Security Act of2002 ("HSA"), Pub. L. No . 107-296, 116 Stat. 2135, 2311 
(codified at 6 U.S.C. § 557 (2012)), any reference to the Attorney General in a provision ofthe 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 "shaH 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 of M-1-B-M-
mathematics and accounting, 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. 
On appeal, the Petitioner indicates that she also qualifies as an individual of exceptional ability. She 
challenges that Director's statement that "no representations have been made that [she] has 
exceptional ability." As the Petitioner is already eligible for the underlying immigrant classification 
as/a member of the professions holding an advanced degree, an additional finding of exceptional 
ability would serve no meaningful purpose in this matter. Pursuant to section 203(b )(2)(A) of the 
Act, individuals of exceptional ability are generally subject to the job offer/labor certification 
requirement; they are not exempt by virtue of their exceptional ability. NYSDOT, 22 I&N Dec. at 
218, 222. Therefore, whether a given individual seeks classification as an individual of exceptional 
ability, or as a member of the professions holding an advanced degree, that individual cannot qualify 
for a national interest waiver just by demonstrating a degree of expertise significantly above that 
ordinarily encountered in her field of expertise.2 The national interest waiver is an additional 
benefit, separate from the classification sought, and therefore eligibility for the underlying 
classification does not demonstrate eligibility for the additional benefit of the waiver. 
A. Substantial Intrinsic Merit 
The Petitioner previously taught mathematics in and the Philippines. 
At the time of filing, the Petitioner was teaching mathematics at m 
Arizona. In August 2015, she began working as a mathematics teacher 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 natipnal interest 
analysis. 
B. National in Scope 
The Director found that the p~oposed benefit of the Petitioner's work as a school teacher would not 
be national in scope. With regard to the Petitioner's teaching duties at 
and there is no 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: 
2 Th~ regulation at 8 C.F.R. § 204.5(k)(2) defines "exceptional ability" as "a degree of expertise significantly above that 
ordinarily encountered" in a given area of endeavor. 
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Matter of M-1-B-M-
For instance, pro bono legal services as a whole serve tl1e 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 ofsection 
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 a 
mathematics instructor beyond the localities where she teaches and, therefore, that her proposed 
benefits are national in scope. There is no documentary evidence indicating that her work as a 
school teacher will provide national benefits in the field of education. 
In the appeal brief, the Petitioner acknowledges NYSDOT s finding that the impact of a single 
teacher in one school would not be in the national interest for purposes of waiving the job offer 
requirement. Id She argues, however, that "even if [her] influence as a teacher [is] limited to [a] 
specific geographic area, it is not of less value, nor of less benefit to the nation." The Petitioner 
contends that the letters of support she submitted from former students show the importance of her 
work as a teacher. While the student testimonials indicate that the Petitioner works in a meritorious 
occupation, and thus help satisfY the first prong of the NYSDOT national interest analysis, they do not 
establish that her classroom instruction produces benefits that are national in scope. 
With regard to following the guidelines set forth in NYSDOT, the regulation at 8 C.F.R. § 103.3(c) 
provides that precedent decisions are binding on all USCIS employees in the administration of the 
Act. We acknowledge that the Petitioner has contributed to her students' progress in mathematics 
and serves in an important occupation, but there is no evidence reflecting that her work for local 
school districts has had, or will have, a national effect. As the Petitioner has not demonstrated 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, documentation of her membership in the 
and an "Outstanding Dedication Certificate" from her principal 
at. 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. 
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Matter of M-1-B-M-
§ 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 waiverjust 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, therefore, does not by itself qualify her for 
the national interest waiver. For instance, the Petitioner's "Outstanding Dedication Certificate" from 
her principal reflects internal recognition at and is not indicative of 
her influence on the field of education as a whole. 
The Petitioner also provided her 2012 teacher evaluation from reflecting 
"meets expectations" for each of the performance standards. The Petitioner, however, does not 
indicate how the submitted evaluation demonstrates that she has influenced the field to a 
substantially greater degree than other similary qualified mathematics teachers and how her specific 
work has had significant impact outside of the school. 
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 
school~, but they did not indicate that she has had the wider impact and influence necessary to 
qualify for the national interest waiver under NYSDOT. 
For example, the Petitioner's appeal includes a letter of support from a 
legislative officer for the city government of in the Philippines, stating: "I consider [the 
Petitioner] as one of the best math teacher [sic] I ever had. She is brilliant. She possesses excellent 
knowledge in mathematics. Her teaching technique in mathematics was very spectacular. She was 
teaching us diligently, very clear and easy to understand." also discusses the Petitioner 's 
role as a student advisor, but does not describe how 
her work has affected the field as a whole. 
Another former student, a registered chemical engineer with a business in the 
Philippines, mentions the Petitioner's ''exceptional talent in numbers" and methods for making 
"problem solving easing and fun." While further ·notes that the Petitioner has displayed 
"dedication and [a] caring attitude for all her students," she does 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. 
a mathematics teacher at contends "that there is a dire need for 
mathematics teacher[s] in U.S.A. particularly in New Mexico" and that positions at his school "are 
hard to fill." Similarly, in her appeal brief, the Petitioner notes "the need for teachers" and explains 
that "some public schools have some of their math subjects taught by a substitute teacher for a whole 
school year." The Petitioner further indicates that a lack of qualified teachers can hinder students' 
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Matter of M-1-B-M-
pursuit of a college degree. The U.S. Department of Labor 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. 
does not offer any examples of how the Petitioner's work has influenced the field as a 
whole. 
The Petitioner argues that she has excelle'd academically "beyond many teachers" in her field and 
states that her course records in commerce with a major in accounting were "outstanding." 
Academic performance alone, as measured by criteria such as grade point average, does not meet the 
requirements for a national interest waiver. 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 
addition, the Petitioner contends that her expertise in mathematics and the related field of accounting 
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 U.S. Department of Labor 
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 teacher 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 of the NYSDOT national interest 
analysis. 
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 otherwise serve the national interest to a substantially greater degree 
than would an available U.S. worker having the same minimum qualifications. Therefore, the 
Petitioner has not demonstrated that a waiver of the jo\b offer requirement will be in the national 
interest of the United States. The burden is on the Petitioner to show eligibility for the immigration 
benefit sought. Section 291 ofthe Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, the Petitioner has not met that burden. 
ORDER: The appeal is dismissed. 
Cite as Matter o.fM-1-B-M-, ID# 41197 (AAO Oct. 12, 2016) 
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