Client came to us in February 2022 to inquire if she was qualified to self-petition for a green card based on her advanced degree and work history.
She is a middle and high school teacher from Jamaica.
She is also in lawful status on a temporary work visa.
Obtaining a National Interest Waiver (NIW) is quite challenging.
USCIS typically only approves NIW for teachers in tertiary education with bias towards those with substantial research work.
We determined, however, that Client has a great track record of success in providing quality math education to middle and high school students as evidenced by increased tests scores by her students in various schools that have historically received low scores in standardized regional and national examinations.
Likewise, the scarcity of qualified teachers in schools all over America was made even more palpable during the pandemic resulting in an abundance of published material in respected publications discussing the matter.
After a thorough review of the Client’s credentials and some preliminary research, we were confident that we could successfully advocate for our Client.
Through independent evidence and substantial documentation, our initial petition submitted on July 15, 2022 carefully demonstrated the Client’s NIW eligibility.
However, USCIS issued an RFE on February 9, 2023, requesting more proof to show that the Client’s proposed endeavor is of national importance and that, on balance, it will be beneficial to the US to waive the job offer and labor certification requirements.
With an extensive memorandum and supporting evidence underscoring highly relevant governmental policies as well as publications from private institutions supporting the need to strengthen STEM education, especially in American middle and high schools, we were able to convince USCIS that our Client’s proposed endeavor in the US as a Middle and High School
Math Teacher has substantial merit and national importance.
We also showed that she is well positioned to advance her proposed endeavor based on her documented achievements and contributions to the field, and that the US will benefit from waiving the labor certification requirements and approving the NIW petition.
We timely submitted the RFE response on July 13, 2023, and received the approval notification on August 15, 2023!
If you are in lawful status and want to discuss whether you are eligible for the EB-2 National Interest Waiver green card pathway, contact us today.
P.S. Every case is different. Past successes do not guarantee similar future outcomes. Consult a licensed immigration lawyer to discuss your unique situation.
