Date of Decision: August 19, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Direct Care Work
Petitioner Information
Profession: Direct Care Worker
Field: Direct Care Work
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- None: The petitioner did not meet any of the criteria for exceptional ability as defined by USCIS.
Criteria Not Met:
- Official Academic Record: The petitioner did not provide sufficient evidence that her diploma and certificate represent official academic records from a recognized institution of learning.
- Ten Years of Full-Time Experience: The petitioner did not provide adequate evidence of having at least ten years of full-time experience in the occupation for which she is being sought.
- Recognition for Achievements and Significant Contributions: The petitioner did not provide evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a direct care worker, proposed to continue her work in providing care and assistance to individuals in need, particularly focusing on elderly and disabled individuals. Her goal was to contribute to the well-being and health of her clients through compassionate and dedicated care.
Substantial Merit and National Importance:
The Director concluded that the petitioner did not sufficiently demonstrate that her proposed endeavor in direct care work has substantial merit and national importance. While the work itself is valuable, the evidence did not show that her individual contributions would significantly impact the broader U.S. healthcare system or society at large.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that her work would benefit the U.S. by providing essential care services. However, the Director found insufficient evidence to support these claims. The proposed work did not show substantial potential to employ U.S. workers or provide notable healthcare benefits that would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted various documents, including a diploma, certificate, employment book, and letters of recommendation. However, these documents did not sufficiently demonstrate that she meets the criteria for exceptional ability or that her specific endeavor would have a significant national impact.
Inconsistencies in Proposed Endeavor:
The petitioner’s statements about the broader impact of her work were not supported by sufficient evidence to demonstrate its national importance. Additionally, the evidence did not show that her proposed endeavor would significantly extend beyond her immediate community to impact the field or the U.S. healthcare system more broadly at a national level.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
The letters from colleagues praised the petitioner’s personal and professional characteristics but did not identify her achievements and contributions to the industry or field.
Any Other Supporting Documentation:
The petitioner provided an employment book and letters of recommendation, but these did not adequately demonstrate the national importance of her work.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating the national importance of her proposed endeavor and did not provide sufficient justification for waiving the labor certification process. The proposed work was deemed to have limited impact beyond her direct care activities.
Download the Full Petition Review Here
