Date of Decision: September 29, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Healthcare Consulting and Education
Petitioner Information
Profession: Healthcare Entrepreneur
Field: Healthcare Consulting, Education, and Telehealth
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner demonstrated that her endeavor has substantial merit by focusing on healthcare consulting and education.
Criteria Not Met:
- National Importance: The petitioner failed to demonstrate that her endeavor would have a national impact beyond her immediate business operations. The evidence did not show that her business would significantly influence the healthcare field on a national level.
- Well-Positioned to Advance the Proposed Endeavor: Although the petitioner provided documentation of her experience and qualifications, the evidence was insufficient to prove that she was well-positioned to advance her proposed endeavor in a way that would justify a national interest waiver.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner did not establish that waiving the labor certification process would be beneficial to the United States. The potential economic impact of her business was not shown to be substantial enough to meet the national interest standard.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to open a healthcare consulting and education business in Florida, offering nursing and health education services both in-person and via telehealth.
Substantial Merit and National Importance:
While the endeavor was acknowledged to have substantial merit in the field of healthcare, the petitioner did not provide sufficient evidence to establish its national importance. The business plan did not adequately document how the endeavor would impact the healthcare industry on a national scale.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that her business would contribute to job creation and healthcare cost reduction. However, the evidence provided did not support the claim that these contributions would be significant enough to justify a waiver of the labor certification process.
Supporting Evidence:
The petitioner submitted a business plan, letters of support, and economic impact analysis. However, these documents did not convincingly demonstrate the endeavor’s national importance or the petitioner’s ability to advance the proposed endeavor effectively.
Inconsistencies in Proposed Endeavor:
The business plan included claims of substantial economic impact, but these were not adequately supported by relevant data or analysis. The petitioner did not clearly demonstrate how her business would address national healthcare issues beyond serving her local clientele.
Supporting Documentation
Letters of Intent:
Not provided.
Business Plan:
Provided, but did not sufficiently establish the endeavor’s national impact.
Advisory Letter:
Included, but lacked detailed support for the claims of national importance.
Any Other Supporting Documentation:
Economic impact analysis was provided but failed to prove significant national impact.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that her endeavor has national importance or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support the claims made in the petition.
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