Transcript for:
EB2 NIW: Teaching Endeavors Insights

today we're going to talk about eb2 aw we're going to cover one Endeavor that I propose that you don't use because you will get in trouble and let's see what that endeavor is hi my name is Oscar I'm a scientist not a lawyer in this channel we talk about Green Card categories like ev2 aw and e1a where you can self petition and that means that you don't need to have a company sponsoring you you don't need to have a job offer and you can do it without a lawyer saving quite a bit of money let's talk about today's topic which is an Endeavor that I suggest you avoid with this we are going to talk about a couple of failed cases so you learn from them and I have covered failed cases already in previous videos here I have a couple of examples h on the left side and on the right side you have fail cases from the appeals office and you can go to those videos to the one on the left here also to the one in the right and you will see my analysis so you can learn from others mistakes it's very important to learn from others mistakes whenever you can so you have a stronger petition and you have a higher chance of success in the video on the right I also show you how you can access that repository of decisions so you can study them at your own pace and find the ones that are more relevant to your profile I also have another couple of videos this one here on the left side talks about how you you should avoid these two wordss labor shortage okay no more Cliffhanger just go and watch it but it is extremely important not to make that mistake and in in the examples that I will show you today even we are not covering this topic today you will see how people keep making the mistake on the one on the right side I'll show you how there's one particular thing that is number one reason for request for evidence and if you know know of it you will probably have a stronger petition but today let's cover an Endeavor that is very problematic and I will tell you why that is why usas doesn't like it and I'll show you two examples so you can learn from those examples stop the Cliffhanger Oscar tell us what Endeavor what that endeavor is and that endeavor is teaching you probably heard me talking about this in the past usas doesn't really like teaching and they have their own reasons and I I'll show you what those are they hate teaching hate is a strong word okay and they do recognize that it's important by the way I am a proponent of the importance of teaching I don't really agree with everything usas says but I just tell you what you should take into consideration because at the end of the day my opinion is not as relevant what matters is the opinion of the agency so let's see why usas has this issue they think that teaching teaching by itself teaching in a classroom doesn't raise to the level of national importance why where are they coming from well three words matter of danar you know we talked about the matter of dinosur I had a video where I presented what this case was uh I analyzed it the different prongs and all you have to know in this video is that Dr danar was a petitioner like you and me and he appealed at denial so he initially was denied they didn't give the e2w to him but then he appealed and in the appeal he won the Endeavor had two parts research and teaching he met the three prongs after the appeal he met the three prongs for the research activities it was in aerospace engineering propulsion um a lot of cool stuff that they were talking about in in that appeal but the teaching portion even if he was teaching in University level that didn't really succeed and here is the details usas says in addition to conducting research the petitioner proposes to teach or to conduct teaching activities in science technology engineering and math stem and I talked in the past about how usas does like stem but in this particular case stem Associated to teaching they don't like it so much while stem teaching has substantial Merit in relation to the US educational interest interests the record does not indicate that this would impact the field of stem education more broadly okay this is very important they are saying yes teaching is important stem teaching is important but teaching only doesn't raise to that level of national importance because you are not impacting the field you're not impacting the society you have to show that your work whatever it is teaching or or anything else you need to show that that work will impact not only your organization not only your team not only your company but it will have a positive impact beyond that organization and when you say you are teaching you are reducing your impact to your students to your classroom and if anything to your school or university so they want to see more that's that's what they are saying here so let's see what the ramifications the consequences of this decision had on other real cases and here is where we start talking about examples I have two examples for you so stay until the end to see them this is number one I have the case number here the date 202 one this is for a physics teacher and I have a link that I will leave in the description below so you can just click it open the PDF and read the whole thing here I'm going to show you the screenshots from the main things that I want to discuss with you today so here uh the introduction of this case and I highlighted in yellow the number of times that teaching shows up at the beginning you know this person taught science uh from this year to this year in this place then uh he had other she had other activities to promote Science teaching in this year um she taught in a different place so everything is about teaching she got a teacher award um education blah blah so the record shows that the petitioner received significant National level accolades so they are saying well this person is well positioned as a teacher but the national interest waiver is not a reward for past accomplishments rather the waiver uh recipients are expected to benefit the US in their subsequent employment the initial submission did not include detailed information about the petitioner's proposed Endeavor that's a mistake that is not really related to teaching you really need to be clear with your Endeavor explanation and it seems that this person or the lawyer didn't really explain the Endeavor properly on the petition form the petitioner indicated that the proposed Endeavor would be teaching the proposed employment would be teaching both intermediate and advanced science courses for middle school and or high school so again teaching teaching teaching teaching the Endeavor the OCC the occupation is being a teacher so here usas says the substantial Merit is not in dispute they think that teaching has Merit Science Education in the abstract is of national import but this does not mean that all all science teachers are entitled to a blanket exemption from the job offer requirement so they are saying in the previous slide we saw how they said this person is well positioned we recognize that but only being well positioned only fulfilling prong number two is not good enough to get the job of a requirement you have to have prong One National importance and prong two well positioned here now they are saying that even though teaching is important it doesn't mean that everyone that participates in teaching will get the national interest waiver the naw so after the RF more documents were submitted and basically the petitioner says that hair impact goes beyond the local community that there is a nationwide teacher shortage crisis particularly in the area of physics so two things here this person is saying my impact is beyond uh my classroom my um my community but but we'll see that you not only have to say it you have to prove it and second this person makes the mistake that I cover in that that separate video that um they are talking about Labor shortage in this case teacher shortage and that's never a good idea for usas they are saying that this person will also participate in professional development of physics teachers and that's the way that this person will help resolve that uh labor shortage however the criticism here from usas that they provided minimal details about the proposed Endeavor Beyond teaching so even if this person says I would have impact Beyond but you are not telling me the details so how can I know what that impact is the petitioner also did not articulate specific plans to write textbooks or work on National level education policy in the US because they have mentioned that part of that um broad impact was through writing books and through uh working on education policy it seems that they had some um some achievements in the past uh where they wrote books that were important at the national level but not in a while so they uh USA says that they only had a local level impact since 2016 so this important 2016 to 2021 where uh when this appeal was released you see that usas really cares about what happened throughout the the history the professional history especially in the latest years because you need to show that you have sustained uh a claim that that you are a person that not only at some point in the past was exceptional uh was uh important in the field but you have continued having that reputation that impact in the field so this is a detail that is good for everyone not not only uh teachers all right so let's see a little bit more about the shortest shortage of physics teachers in this state we agree with the director that the labor certification process exists to address such shortages that's what I was talking in that separate video they don't like this um reasoning because there are other mechanisms that the US government can have to resolve a labor shortage the petitioner's own work as a science teacher would not effectively affect the overall shortage so yes there is a shortage but you as an individual will not help us resolve it even if there is some training that they will do on teachers they don't they didn't explain how that work will resolve the issue so it's really hard to convince the usas that you are going to effectively solve or help solving a labor shortage problem that's why I recommend not get not getting in there at all okay in the N the petition the director concluded that the petitioner specific Endeavor is benefiting the lives of the student at the local level or in the school district where she teaches but it has not been established that the benefit would be at the national level so again we're talking about broader impacts and why this person hasn't proved that teaching in the classroom will affect people at the national level will affect the society will have broader impacts beyond the local level beyond the the district where this school operates all right so that's example number one now we're going to move to example number two but first um let's talk about this uh danar reference not only they provided all this analysis they say that they are basing pretty much everything on the danosaur decision so here they say science education is important but in danar we told you that the activities of one science teacher do not raise to the level of national importance okay so again this is why danar was so so uh negative for teachers overall so before getting to example two let's talk about these two websites particularly the one on the right side if you're serious about about ev2 aw and you want to prepare the case by yourself as a doityourself DIY petitioner check out this website with a lot of resources this is my website I put it together um plenty of time ago it has been growing it has more and more content um more than ever and above all I recommend to check out my online courses this is the curriculum for the ebw course where I will show you everything you need to know to put together your case you have my example petition my real petition you are going to see all these video lectures that are in different modules each of these modules has multiple video lectures in English and in Spanish you can submit questions and I'll show you how to put together the petition cover letter a professional plan or a business plan if you are an entrepreneur and now once a month we meet in live sessions so we'll meet face to face if you want to to come and ask questions I'll I'll have a little lecture that I will give and then we'll have Q&A we'll meet each other and we'll keep building this community so let's now continue with example number two again I provide a case number date and I'll provide a link in the description below this is a teacher not a physics teacher anymore is an ESL English a second language teacher so in this case the Endeavor is to be a language teacher working with children for whom English is a second language as an RF uh came the RF was responded saying that you know um but basically saying the same thing that this person will work as an ESL teacher in the appeal after this person got the denial appealed in the appeal again they said the Endeavor is to work as a second language um uh teacher specifically seeking to provide English as second language and also Portuguese in school teaching Portuguese in school so it got a little bit wider but it's still around teaching it's still about teaching languages so not a lot of change which is fine because you shouldn't change your Endeavor too much but I think this endeavor was doomed from the beginning so the petitioner argues that her proposed work as a public school teacher would broadly enhance societal welfare and cultural enrichment but she does not offer specific examples of that impact again and here the keywords are one more time broad impacts in this case impact you know if you say something you have to show if you say you will have impact beyond the local level you have to show what that impact is you have to explain you have to quantify it you cannot just say it your word is not good enough unfortunately this person makes the same mistake as the other they say there is a shortage in uh teaching severe shortage of teachers the petitioner offer articles to argue that Florida faces a shortage of ESL teachers and this reported shortage does not render the work of an individual teacher nationally important under the danosaur framework so again they use dinosaur they love using dinosaur whenever they can so this is one good example second case second direct reference to danar saying you know the teacher of one the the work of one teacher alone will never raise to the level of national importance when it comes to labor shortage okay you will not solve the problem by yourself so you need to show wider implications in ESL or in education so here USIS is offering a path for teachers and I'll discuss that in the in the last slide um here they are saying look teaching is not impossible to get an approval but you need to show those implications beyond the classroom so the record does not demonstrate that the petitioner's proposed teaching activities offer benefits beyond the particular school that impact the field of Education more broadly that's why the petitioner's proposed work does not meet the first prong of the danosaur framework so this is why the petition was denied so let's get into the conclusions I'm sure you want to hear what is my opinion about all this so in my opinion it is very wise to stay away from Pure teaching Endeavors and here is the keyword pure teaching Endeavors so you may be able to do something different and now I'm going to explain why what that is but if all your strategy is centered around teaching in a classroom I say this is not the category for you don't go for ebw save time save money and save all the motivation that you're going to invest here and find another immigration route if you want to come to the US all right so but is it all lost no if you can stay away you know that's my recommendation but if your profile is strong enough in two areas in teaching and something else use that something else for example research and and we go back to danar danar was a res researcher and a teacher he used both but he only got the approval because of research so if that's your case focus on that focus on your scientist Endeavor and almost ignore teaching now it may be uh teaching and Community engagement or you can build curriculum for other teachers teachers across the the nation you may be developing Noel methodologies for teaching so those are things now that are escaping that classroom label and that would be a much better way for you to frame everything now I know for a fact that usas still will scan your petition and when they encounter teaching they are going to try to issue the the RF especially we know that some agents they don't do a very they don't do a very thorough job and they will see those keywords and they will give you a hard time maybe not everyone right but if you can frame things without using the word teaching at all use maybe education instead of teaching this is getting a little bit into the details but I would try to avoid the word teaching as much as I can because I know how they scheme through things and they detect certain wordss and those are red flags for them also don't get me wrong everything I said doesn't mean that your endeavor if it has a portion of teaching will absolutely fail even if it's all about teaching first of all usas makes mistakes so they may adjudicate your case and they may ignore danar that could happen but it's about probabilities and risk the risk of getting an RF and a denial is too high so that's why I'm trying to open your eyes and make you pivot away from this teaching endeavor or if you are a teacher you may be wondering well oscar but I'm a teacher I teach in classrooms what can I do well you know you need to find a way to prove that broader impact we saw it in the two examples they need to know how you will impact not only your students not only your classroom your school or even your District you need to show what else you will do uh and and that goes to what was saying earlier about research or about other activities that you can really focus your Endeavor on that will prove that you will not only teach in a classroom if possible again don't even say that you will teach in a classroom because this will not be uh good for your case but as usual you have to be truthful so if that is what you will do maybe this category is not the best for you what did you think about this what is your opinion have you seen more cases like this ones drop a comment below and let me know and as usual I will see you here one more week every week talking about e2w or e1a and I wish you good luck in this ev2 aw Green Card petitioner thank you