Date of Decision: January 29, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Healthcare
Petitioner Information
Profession: Healthcare Provider
Field: Nursing
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Schedule A Occupation: The Petitioner demonstrated that the Beneficiary’s occupation as a nurse supervisor falls within the Schedule A occupations, which do not require labor certification from the U.S. Department of Labor.
Criteria Not Met:
Ability to Pay Proffered Wage: The Petitioner did not establish its continuing ability to pay the proffered wage of $96,950 per year to the Beneficiary and its other sponsored workers.
Advanced Degree Requirement: The Petitioner did not demonstrate that the position of nurse supervisor requires an advanced degree.
Key Points from the Decision
Proposed Endeavor:
The Petitioner seeks to employ the Beneficiary as a nurse supervisor. This role involves supervising nursing staff, managing patient care, and ensuring compliance with healthcare standards.
Substantial Merit and National Importance:
The decision did not specifically address the substantial merit and national importance of the Beneficiary’s proposed work. The focus was primarily on the Petitioner’s ability to meet the financial and educational requirements for the classification sought.
Supporting Evidence:
Initial Submission: Included the Form I-140 petition, duplicate uncertified labor certification, financial statements, and a job description.
Further Submission on Appeal: Provided audited financial statements, bank statements, and assertions of expected business growth, which were found insufficient.
Inconsistencies in Proposed Endeavor:
The primary inconsistency was related to the Petitioner’s ability to pay the proffered wage to the Beneficiary and other I-140 beneficiaries. The documentation provided did not cover the total wage obligations, and the financial projections were based on future expectations rather than current financial capacity.
Supporting Documentation
Letters of Intent:
Not applicable in this case.
Business Plan:
Not applicable in this case.
Advisory Letter:
Not applicable in this case.
Any other supporting documentation:
Audited Financial Statements: Showed net income and net current assets but did not account for multiple beneficiaries’ wage obligations.
Bank Statements: Provided but not accepted as primary evidence of ability to pay.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not meet the burden of proof required to establish eligibility for the classification sought. The ability to pay the proffered wage from the priority date onward was not sufficiently demonstrated. Furthermore, the Petitioner failed to provide necessary information about other I-140 beneficiaries, making it impossible to assess the total wage obligations accurately. The position of nurse supervisor was not shown to require an advanced degree. Consequently, the initial decision to deny the petition was upheld on appeal.
