Date of Decision: August 10, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Healthcare Administration
Petitioner Information
Profession: Healthcare Administrator
Field: Healthcare Administration
Nationality: Not Specified
Summary of Decision
Initial Decision: Approved and then revoked
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Qualification: The petitioner qualifies as a member of the professions holding an advanced degree.
Criteria Not Met:
- Qualifying Experience: The Director concluded that the beneficiary did not demonstrate qualifying experience for the offered position and the requested immigrant visa category.
- Ability to Pay: The petitioner did not demonstrate the ability to pay the position’s proffered wage.
- Bonafides of Job Opportunity: The Director found that the petitioner did not establish the genuine nature of the job opportunity.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a healthcare administrator, sought to employ the beneficiary in a role requiring an advanced degree in healthcare administration. The beneficiary’s responsibilities would include overseeing medical and health services, managing clinical departments, and implementing policies to improve the efficiency and quality of healthcare services.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor in healthcare administration has substantial merit, given the critical role of healthcare administrators in managing healthcare facilities and ensuring the delivery of quality healthcare services. However, the Director concluded that the petitioner did not sufficiently demonstrate the national importance of the beneficiary’s role within the broader U.S. healthcare system.
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 improve healthcare delivery and administration, contributing to public health and efficiency in healthcare services. However, the Director found insufficient evidence to support these claims, particularly regarding the national impact and economic benefits.
Supporting Evidence:
The petitioner submitted various documents, including academic records, letters of support, and evidence of the beneficiary’s experience. However, these documents did not sufficiently demonstrate the beneficiary’s qualifying experience, the petitioner’s ability to pay the proffered wage or the genuine nature of the job opportunity.
Inconsistencies in Proposed Endeavor:
There were inconsistencies in the petitioner’s documentation of the beneficiary’s experience and qualifications, which introduced uncertainty about his eligibility for the requested immigrant visa category.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Provided but not sufficiently detailed to support the national importance of the petitioner’s work.
Any Other Supporting Documentation:
The petitioner provided letters of support and academic records, but these did not adequately demonstrate the beneficiary’s qualifying experience or the petitioner’s ability to pay the proffered wage.
Conclusion
Final Determination: The appeal was remanded.
Reasoning: The Director erred in denying the previously approved petition. The matter was remanded for the Director to issue a notice of intent to revoke the petition’s approval to the beneficiary, detailing the proposed revocation grounds and affording a reasonable opportunity to respond. Upon receipt of a timely response, the Director should review the entire record and enter a new decision.
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