Date of Decision: January 05, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Nursing and Home Health Care
Petitioner Information
Profession: Entrepreneur
Field: Nursing and Home Health Care
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner’s endeavor to provide nursing home care and assisted housing services to elderly patients has been recognized as having substantial merit.
Criteria Not Met: - National Importance: The petitioner did not adequately demonstrate how the proposed endeavor meets the national importance criteria set by the Dhanasar framework. The impact of the business expansion through franchising and telemedicine was not shown to extend beyond the immediate client base to have broader implications in the field of nursing or home healthcare.
Key Points from the Decision
Proposed Endeavor:
The petitioner plans to operate a company providing nursing home care and assisted housing services. Plans include franchising the company nationwide and creating options for telemedicine.
Substantial Merit and National Importance:
While the endeavor has substantial merit, it lacks evidence of national importance. The record does not establish a broader impact on the nursing and home healthcare industry or on national health standards through the proposed business operations.
Supporting Evidence:
The petitioner included industry reports and articles about the field of home health care and health issues faced by the elderly in the U.S. However, there was no detailed evidence showing how the proposed endeavor would significantly impact the broader industry or address national issues effectively.
Inconsistencies in Proposed Endeavor:
The plan’s broader implications were deemed insufficiently supported by concrete evidence or detailed plans, making the endeavor’s national importance unclear.
Supporting Documentation
Letters of Intent: Not Applicable
Business Plan: Discusses potential for research and development in new methods and technologies for post-surgery and illness recovery, but lacks detailed implementation plans or evidence of feasibility.
Advisory Letter: Not Applicable
Other Supporting Documentation: General industry articles and reports, lacking specific connection to the proposed endeavor’s broader impact.
Conclusion
Final Determination: The petitioner’s appeal is dismissed due to insufficient demonstration of national importance for the proposed endeavor. The endeavor, while meritorious on a smaller scale, did not convincingly impact the broader field of nursing and home health care as required for a national interest waiver under the Dhanasar framework.
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