Date of Decision: June 9, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Mental Health
Petitioner Information
Profession: Group Facilitator and Case Manager
Field: Mental Health
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner demonstrated qualification as an advanced degree professional by providing evidence of the Beneficiary’s advanced degree.
Criteria Not Met:
- Substantial Merit and National Importance: The petitioner did not provide sufficient evidence to show that the Beneficiary’s proposed endeavor had national importance. While the Beneficiary’s work in mental health was recognized, the documentation did not clearly demonstrate the broader impact of his work on the U.S. economy or policy.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide adequate evidence to show the Beneficiary was well-positioned to advance his proposed endeavor. The submitted documents did not convincingly demonstrate his capacity to significantly influence or advance the field of mental health.
Key Points from the Decision
Proposed Endeavor:
The Beneficiary proposed to work as a group facilitator and case manager, focusing on providing mental health services to individuals and families affected by substance use disorders and mental illnesses. The goal was to improve the well-being of these individuals and reduce the societal costs associated with untreated mental health issues.
Substantial Merit and National Importance:
The Beneficiary’s endeavor was recognized for its potential merit due to its focus on mental health and substance use disorders. However, the documentation did not show that his work had broader implications that would significantly impact the U.S. economy or public health at a national level.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that the Beneficiary’s work would contribute to the U.S. by reducing healthcare costs and improving public health. However, sufficient evidence was not provided to support the claim that these contributions would justify waiving the labor certification process.
Supporting Evidence
The petitioner submitted the Beneficiary’s curriculum vitae, academic credentials, letters of support, and documentation of his professional achievements. These documents demonstrated his involvement in the field of mental health. However, the evidence did not sufficiently show that his contributions would have a substantial positive impact on the U.S. public health or economy.
Inconsistencies in Proposed Endeavor
The petitioner’s assertions about the Beneficiary’s influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that his work had been widely adopted or recognized to the extent necessary to meet the national importance requirement.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not provided or summarized in the decision.
Advisory Letter: Not applicable.
Any Other Supporting Documentation: Included letters from colleagues and professionals, which praised his work but did not adequately demonstrate his significant impact in the field.
Conclusion
The appeal was dismissed. The petitioner did not meet the criteria for demonstrating that the Beneficiary’s proposed endeavor had national importance or that waiving the labor certification requirement would benefit the United States. The evidence provided was insufficient to support his claims of substantial impact and national importance.
