dismissed EB-2 NIW Case: Physics Education

U.S. Citizenship 
and Immigration 
Services 
MATTER OF L-M-C-G-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: NOV. 2, 2017 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a physics 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 (?l 
Dhanasar, 26 I&N Dec. 884 (AAO 2016). 
The Director of the Texas Service Center denied the Form 1-140, Immigrant Petition for Alien 
Worker, finding that the Petitioner qualified for classification as a member of the professions 
holding an advanced degree, but that she had not established that a waiver of the required job offer, 
and thus of the labor certification, would be in the national interest. We dismissed the Petitioner's 
appeal of that decision and also denied her subsequent motion to reopen. 1 The matter is now before 
us on a second motion to reopen. 
On motion, the Petitioner submits additional documentation and asserts that she is eligible for a 
national interest waiver. In July 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. she 
provides further evidence and contends she has "satisfied the three prongs under the new 
framework." 
Upon de novo review, we will deny the motion. 
1 
Matter of L-M-C-G- ID# 29257 (AAO Oct. 17, 20 16) was our most recent decision in this matter. 
Matter of L-M-C-G-
I. LAW 
A motion to reopen is based on documentary evidence of new facts. The requirements of a motion 
to reopen are located at 8 C.F.R. § 103.5(a)(2). 
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. 
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 ofjob 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. 884.2 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. ln 
2 In announcing this new framework, we vacated our prior precedent decision, Malter of New York S'tate Department ol 
Transportation, 22 I&N Dec. 215 (Act. Assoc. Comm 'r 1998) (NYSD07). 
2 
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Matter of L-M-C-G-
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 
performing this analysis, USC IS 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 cet1ification; whether. 
even assuming that other qualified U.S. workers are available , the United States would still benefit 
from the foreign national 's contributions; and whether the national interest in the foreign national's 
contributions is sufficiently urgent to warrant forgoing the labor certification process. ln 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 offer and thus of a labor certification.-' 
II. ANALYSIS 
The Petitioner received a master 's of arts in education degree from 
Philippines. The record includes a U.S. educational equivalency evaluation stating that the Petitioner 
holds the foreign equivalent of a U.S. master of science degree with an emphasis in science education. 
Accordingly, the Director found that the Petitioner qualified for classification as a member of the 
professions holding an advanced degree, and we agreed with this determination. The sole issue in 
contention on motion is whether the Petitioner has established that a waiver of the job offer 
requirement, and thus the labor certification, is in the national interest according to the three-pronged 
analysis set forth in Dhanasar. 
A. Substantial Merit and National Importance of the Proposed Endeavor 
At the time of filing , the Petitioner was employed by the She 
indicates that she worked for m Kentucky, 
beginning in 2008 and continuing through June 2014, after having previously taught in the 
Philippines since 1985. The Petitioner has consistently stated that she intends to continue her work as a 
high school physics teacher serving students in science, technology, engineering, and math ("STEM'') 
disciplines. 
3 See Dhanasar, 26 I&N Dec. at 888-91 , for elaboration on these three prongs. 
3 
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Matter of L-M-C-G-
In the RFE, we asked the Petitioner to provide evidence documenting the potential prospective impact 
of her proposed endeavor. In response, the Petitioner maintains that her work teaching physics to 
high school students aims to impact the broader field of STEM education. She references several 
articles and research reports that discuss the shortage of qualified physics teachers in the United States. 
For example, the Petitioner provides an American Physics Society article entitled "Highly Trained 
STEM teachers Needed to Boost America's Global Competitiveness, Accordingly to New Study;" 
The Petitioner also summarized newspaper articles and government studies highlighting the need for 
new and innovative STEM teaching methods in high school classrooms. We find that the Petitioner's 
proposed work implementing STEM techniques in a high school classroom has substantial merit as it 
provides valuable educational benefits to her students. 
The Petitioner's evidence, however, is not sufficient to demonstrate that her proposed endeavor is of 
national importance. The Petitioner avers that her proposed endeavor is of national importance 
because "the United States has a severe, long-term shortage of qualified physics teachers" and "the 
need for qualified physics teachers is greater now than at any previous time in history." The 
Petitioner further explains how her work seeks to promote "education as a national imperative,'' and she 
asserts that "education creates an economy built to last." However, while she 
has provided evidence 
documenting her work at the local level, she has not offered evidence that her work renders benefits 
that extend beyond her school or district to impact the field of STEM education more broadly. 4 As 
the Petitioner has not established that her specific endeavor's prospective impact supports a finding 
of national importance, she 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 her employment history. evidence of 
her credentials and certifications as a teacher, and various awards and certificates, including several 
for participation, completion, and attendance for training courses and seminars relating to her 
professional development. In addition, the Petitioner provided letters of recommendation from 
former colleagues, supervisors, students, and their parents, attesting to her teaching expertise and 
positive impact on student performance. The references discussed the Petitioner's talent dedication, 
and contributions to her schools. For example, a letter of support from director 
of program effectiveness at stated that she provided "international perspectives to a project­
based learning environment," and that her ''instructional strategies and "ability to integrate 
traditional methodology in chemistry, physics, and space science" distinguished her as an instructor. 
Overall, the record demonstrates the Petitioner's qualifications as an experienced teacher. including 
her nomination as the most influential student mentor at and her role as initiator and 
coordinator tor an international humanitarian project at her school to send supplies to impoverished 
parts of the world. In addition to letters of support discussing the Petitioner's progress in the 
classroom. the record contains her favorable teacher performance evaluations. and awards and 
4 In Dhanasar, we determined that the petitioner's teaching activities did not ri~e to the level of having national 
importance because they would not impact his field more broadly. ld at 893. 
4 
Matter of L-M-C-G-
ce1iificates reflecting that her students have garnered local recogmt10n for their academic 
accomplishments. Accordingly, the Petitioner has provided evidence that she is \veil positioned to 
advance her proposed endeavor of increasing her students· STEM achic\ emcnt. and we find 
therefore that she satisfies the second prong of the Dhanasar framevvork. 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 offer and thus of a labor 
certification. Here. the Petitioner claims that she is eligible for a waiver due to her teaching 
qualifications, favorable recommendations. and the impracticality of obtaining a labor ce1iilication. 
However. as the Petitioner has not established the national importance of her proposed endeavor as 
required by the first prong of the Dhanasar framevmrk. she is not eligible for a national interest 
waiver and fmiher discussion of the balancing factors under the third prong would serve no 
meaningful purpose. 
III. CONCLUSION 
On motion, the Petitioner has not offered new facts demonstrating her eligibility for the benefit sought. 
As the Petitioner has not met the requisite three prongs set forth in the Dhanasar analytical framework. 
we find that she has not established eligibility for or otherwise merits a national interest waiver as a 
matter of discretion. 
ORDER: The motion to reopen is denied. 
Cite as Matter of L-M-C-G-, 10# 505907 (AAO Nov. 2, 2017) 
5 While we find that the Petitioner is well positioned to support STEM students in her classroom. the evidence is not 
sufficient to demonstrate that her past work has affected the education field beyond the school5 where she has taught. or 
that she has otherwise been integral to advancing novel STEM learning techniques that have garnered significant interest 
in her field. Therefore. had the Petitioner met the first prong by demonstrating that her proposed work has broader 
implications in the field (such as by influencing STFM education practices beyond her ~chonl districts). the record does 
not show that she is well positioned to advance such an endeavor. 
5