Date of Decision: April 4, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Nursing
Petitioner Information
Profession: Nurse
Field: Healthcare
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit:
The petitioner demonstrated the substantial merit of her proposed endeavor as a nurse.
Criteria Not Met:
National Importance:
The petitioner did not establish that her proposed endeavor in nursing has national importance. The provided documentation did not demonstrate a significant potential impact on U.S. healthcare or the field of nursing more broadly.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue her activities as a nurse, utilizing her acquired knowledge and professional experience to guarantee the best results and take new courses to meet the evolving demands in the healthcare field.
Substantial Merit and National Importance:
The petitioner demonstrated the substantial merit of her proposed endeavor. However, the appeal failed to establish that the endeavor has national importance, as it would primarily benefit her immediate employer(s), coworkers, and patients, without broader implications for U.S. healthcare.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not provide sufficient evidence to demonstrate that waiving the job offer requirement would benefit the United States. The potential benefits to the regional or national economy and the impact on the healthcare industry were not adequately supported.
Supporting Evidence
The petitioner provided letters of intent, advisory letters, and a professional plan. However, these documents did not sufficiently demonstrate the national importance or the broader implications of her proposed endeavor.
Inconsistencies in Proposed Endeavor
No significant inconsistencies were noted in the proposed endeavor.
Supporting Documentation
Letters of Intent:
The letters demonstrated high regard for the petitioner but did not establish the national importance of her work.
Advisory Letter:
The advisory letters did not provide adequate support for the national importance of the petitioner’s proposed endeavor.
Conclusion
Final Determination: The appeal was denied. The petitioner did not establish that her proposed endeavor in nursing has national importance or demonstrate that waiving the job offer requirement would benefit the United States.
