Several Filipino teachers, especially on the East Coast, have come to me for consultation, after the USCIS denied their national interest waiver (NIW) petitions.
Apparently these teachers were initially petitioned by a school or school district for an H – 1B visa and came to the US, excited about teaching students in the US. They were loyal and dedicated teachers. They were also hoping the school district would petition them for green cards, but for one reason or another, the green card petitions did not push through, because the school district did not have a budget, the school district was “debarred” from petitioning anyone, or the school closed down, etc.
Desperate to preserve their lawful status, these teachers would grab at anything. So when they were told about self- petitioning under the national interest waiver (NIW), nobody verified further. As it turned out, they were not even qualified, and after spending their hard-earned money to process the case, they ended up with a denial.
To be considered eligible for a national interest waiver petition, the job must be an advanced degree (Master’s position) and the benefit this teacher is providing must be national in scope. Therein lies the problem. Teaching in a single classroom, in a single school, is not “national in scope.” That is primarily the basis of the USCIS’s denial of teachers’ NIW petitions. If the basis for this NIW green card is that the teacher’s work has impact across the country, it stands to reason that teaching in a single classroom does not extend beyond that classroom. Therefore, these teachers threw away their money by applying for those NIW waivers.
If you are a Filipino teacher and worried about your future immigration status in the US, you should seek the advice of an immigration attorney, who can evaluate your situation, and advise you on the correct and legitimate options available to you. Do not lose your hard-earned money by filing a petition, like the NIW petition, for which you are not qualified or one that is highly likely to be denied.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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