dismissed EB-2 NIW Case: Stem Education

U.S. Citizenship 
and Immigration 
Services 
MATTER OF R-F-M-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 23,2017 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a mathematics 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 of 
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 he had not established that a waiver of the required job otier, 
and thus of the labor certification, would be in the national interest. The matter is now before us on 
appeal. In December 2016, we issued a request for evidence (RFE) asking the Petitioner to provide 
. evidence satisfying the three-part framework set forth in Dhanasar. 
In support of his appeal, the Petitioner submits additional documentation and asserts that he is 
eligible for a national interest waiver because he has "satisfied the three prongs under the new 
framework." 
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 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 R-F-M-
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 clarifies that, after EB-2 eligibility as an advanced degree professional or 
\ 
individual of exceptional ability has been established, USCIS may grant a national interest waiver if 
the petitioner demonstrates by a preponderance of the evidence: (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. If these 
three elements are satisfied, USCIS may approve the national interest waiver as a matter of 
discretion. 
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 
1 
In announcing this new fiamework, we vacated our prior precedent decision, Matter olNew York State Department ol 
Transportation, 22 I&N Dec. 215 (Act. Assoc. Comm 'r 1998) (NYSD07). 
2 
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Matter of R-F-M-
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 otTer 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 contributions; and whether the national interest in the foreign national's 
contributions is sufficiently urgent to warrant forgoing the labor certification process. In 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 bachelor of science degree in mathematics from 
and a master of arts degree from The record 
includes a U.S. educational equivalency evaluation stating that the Petitioner holds the foreign 
equivalent of U.S. masters of arts in education with an emphasis in mathematics.3 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 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 a mathematics teacher at in the 
system. The Petitioner has consistently stated that he 
intends to continue his work as a high school teacher serving primarily minority students in science, 
technology, engineering, and math ("STEM") disciplines. The Petitioner contends that his work is 
of substantial merit and national importance due to his "efiectiveness in raising math proficiency of 
my mostly minority and underprivileged students and my critical role in implementing the concerted 
and multi-pronged efforts by the Federal and State Governments to improve upon the educational 
reforms." He describes how he intends to continue using "pioneering techniques and research" 
regarding STEM education to "prepare minority students" to "participate in professional national 
STEM educational and economic opportunities in their future." The Petitioner further explains how 
2 See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
3 
On appeal, the Petitioner submits evidence that he additionally earned a masters of arts in curriculum and instruction 
with an emphasis in mathematics from after filing the petition. 
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Matter of R-F-M-
his work seeks to promote "the national competitiveness of the U.S. in the long term with specific focus 
on minority children," and he asserts that "maintaining a citizenry that is well versed in STEM fields is 
a key portion of the public education agenda of the United States." 
In the RFE, we asked the Petitioner to provide evidence documenting the potential prospective impact 
of his proposed endeavor. In response , the Petition er maintains that his work teaching STEM to high 
school students aims to impact the broader field of STEM education . He writes that "the STEM 
educational system in the US is in crisis mode and in dire need of rebuilding including, as essential , 
educators with knowledge and ability to implement STEM education." He references several articles 
and research reports that discuss the need for STEM education in the United States. For example, thd 
Petitioner provides an article entitled ' an 
article entitled " 
the 2013 
a study entitled " 
from the 2016 
an executive summary of 
and written materials 
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 his students. 
However, the Petitioner has not ofiered sufficient evidence demonstrating that his proposed 
endeavor is of national importance. The Petitioner indicates that his "STEM teaching can remedy the 
American STEM education crisis and has national influence." The Petitioner points to a letter from 
his colleague , who confirms that he is a member of the of 
which is designed to prepare low-income , first-generation students for college 
admission. The Petitioner claims that his proposed w.ork implementing the program with his 
students affects the field of STEM education nationally. He writes that is "well known 
nationally for its role in closing the achievement gap for all students , including those who are 
underrepresented in college, and it provide s educators with proven, real world strategies to 
accelerate the achievement of these students." The Petitioner contend s that his use of 
techniques with his students stands to improv e their graduation rates and admittance to college , 
making it "a successful solution" to the "crisis" of educating youth in STEM disciplines , and thereby 
"providing a national benefit." 
While we acknowledge the Petitioner's proposed use of unique methods and initiatives to encourage 
his own students' academic progress, the evidence does not demonstrate that this work offers 
benefits that extend beyond his school or district to impact the field of STEM education more 
broadly. While the program itself may aim to impact the field of STEM education, the 
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Matter of R-F-M-
Petitioner has not shown that his implementation of the program at his specific school offers such an 
impact.4 Accordingly, the Petitioner 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 awards and certificates, including 
numerous certificates of participation, completion, and attendance for training courses and seminars 
relating to his professional development. In addition, the Petitioner provided letters of 
recommendation from former colleagues, supervisors, students, and parents of students, attesting to 
his teaching expertise and positive impact on student performance. The references discussed the 
Petitioner's talent, dedication, and contributions to his schools. For example, the Petitioner provided 
a letter of support from a teacher at . stating: "[The Petitioner] 
has become a 'gentle giant,' in our Mathematics Department. His easy manner and his approach to 
teaching cause his students to continuously seek him out for help with math related problems." 
also discusses the Petitioner's role as an enrichment teacher and his skill in teaching 
disadvantaged youth. In addition, former Principal of 
describes how she and the Petitioner attended a professional development training seminar with 
The record additionally includes several letters from colleagues attesting to the Petitioner's work 
with and STEM teaching techniques that specifically benefit underprivileged students. For 
example, guidance chairperson, states that the Petitioner "takes initiative as well as 
being a responsible person who is able to successfully develop plans and implement them." 
Similarly, math department chair, indicates that "[The 
Petitioner] developed and implemented effective styles of instructional delivery tailored to relate 
mathematics and technology to the day-to-day lifestyles of his students." 
We note that the record reflects the Petitioner's qualifications as an experienced teacher, his 
dedication to STEM teaching principles, the actions he has taken to prepare his disadvantaged 
students, his attendance at training seminars and certificates related to and the praise offered 
by former students. As such, we find that the Petitioner has provided evidence that he is well 
positioned to advance his proposed endeavor of teaching STEM disciplines to high school students and 
find that he satisfies the second prong of the Dhanasar framework. 
C. Balancing Factors to Determine Waiver's Benefit to the United States 
Third and finally, we conclude that on balance, the Petitioner has not established that it would be 
beneficial to the United States to waive the requirements of a job offer and thus of a labor 
certification. The labor certification process is designed to certify that the foreign worker will not 
4 
Similarly, 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. See Dhanasar, 26 I&N Dec. at 893. 
5 
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Matter of R-F-M-
displace, nor adversely affect the wages and working conditions of, U.S. workers who are similarly 
employed. Job requirements must adhere to what is customarily required for the occupation in the 
United States and may not be tailored to the foreign worker's qualifications or unduly restrictive, 
unless adequately documented as arising from business necessity. 
The· Petitioner maintains that granting the waiver would serve the national interest because his 
presence would help to ameliorate a shortage of STEM educators. We note, however, that the U.S. 
Department of Labor addresses worker shortages through the labor certification process and the 
Petitioner has not demonstrated that obtaining a labor certification would be impractical. 5 The 
record does not include sufficient evidence to establish that the Petitioner presents a significant 
benefit to the United States through his proposed endeavor, that his prospective work would serve an 
urgent national interest, or that he otTers contributions of such value 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. The Petitioner, therefore, has not established that he meets the third prong of the 
Dhanasar framework. 
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 MatterofR-F-M-, ID# 12602 (AAO Mar. 23, 2017) 
5 The Petitioner maintains that the labor certification process is impractical. for his current employer. He provides 
evidence that was temporarily debarred from filing immigration petitions under section 212(n)(2)(C)(i) of the 
Act as a result of its violation of U.S. Department of Labor regulations. However, the debarment period concluded prior 
to the date this petition was filed, and the record does not include any evidence that remains similarly 
constrained. Additionally, even if remained precluded from filing a labor certification based on its violations of 
applicable regulations, this would not demonstrate that, on balance, it would be beneficial to the United States to waive 
the requirement of a labor certification. 
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