Notes on EB2 NIW and Teaching Endeavors

Introduction

• Presenter: Oscar, a scientist (not a lawyer).
• Topic: EB2 National Interest Waiver (NIW) and teaching as a proposed endeavor.
• Emphasis on self-petitioning without a company or lawyer.

Avoiding Certain Endeavors

• Oscar suggests avoiding teaching as an endeavor for EB2 NIW.
• Importance of learning from failed cases discussed in previous videos.
• Access to a repository of appeal decisions for better understanding of the process.

Reasons to Avoid Teaching as an Endeavor

• Issue with USCIS: Teaching alone is not seen as raising to national importance.
• Matter of Danar: Case cited to illustrate the failure of teaching endeavors in obtaining EB2 NIW.
  • Dr. Danar's case involved research and teaching but was only successful in research.
  • USCIS views teaching as having limited impact beyond the classroom.
• Teaching does not demonstrate a benefit to society at a national level.

Key Elements for Successful EB2 NIW

• Importance of demonstrating broader impact beyond local or classroom setting.
• Essential to articulate and provide evidence of national importance.
• Avoid terms like "labor shortage" in applications as it does not align with USCIS perspective.

Example 1: Physics Teacher Case (2021)

• Background: A physics teacher seeks EB2 NIW.
• Challenges faced:
  • Focus on teaching without adequate details on broader impact.
  • USCIS recognized the merit of teaching but emphasized need for national impact.
• Importance of continuous achievements in the field.

Example 2: ESL Teacher Case

• Background: An ESL teacher applies for EB2 NIW.
• Key points:
  • Claims of societal benefits but lacked specifics.
  • Again, reliance on labor shortage arguments affected the case negatively.
• USCIS reiterates the need for broader educational impact beyond the individual teacher.

Conclusion and Recommendations

• Key Takeaway: Avoid pure teaching endeavors for EB2 NIW applications.
• Focus on research or community engagement to demonstrate broader impact.
• If teaching is involved, frame it within a larger context (e.g., curriculum development).
• Suggestion to avoid using the term "teaching" to reduce red flags in applications.
• Emphasize the importance of truthful representations of one's endeavors.

Closing Thoughts

• Oscar invites feedback and thoughts from viewers.
• Offers ongoing discussions and support for EB2 NIW petitioners.