Date of Decision: June 10, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Nursing
Petitioner Information
Profession: Nurse
Field: Geriatrics and Gerontology
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit of Proposed Endeavor: Acknowledged by the Director to have substantial merit in providing quality nursing services and education for future nurses.
- Petitioner’s Qualifications: Documented through previous work and academic background.
Criteria Not Met:
- National Importance: The Director concluded that the endeavor lacks broader national impact or significant economic benefits as required.
- Potential Prospective Impact: The appeal failed to demonstrate how the endeavor would significantly impact employment levels or have broader implications in the field of Geriatrics and Gerontology.
Key Points from the Decision
Proposed Endeavor:
The petitioner plans to provide high-quality nursing services to the elderly and educate future nurses in geriatric care.
Substantial Merit and National Importance:
While the endeavor is meritorious in enhancing healthcare for the elderly, it lacks the national importance required for a waiver. No substantial evidence of economic benefits or significant national impact was provided.
Supporting Evidence:
The evidence included references to general nursing and healthcare publications but did not significantly support the national importance or economic impact of the endeavor.
Inconsistencies in Proposed Endeavor:
The appeal did not adequately demonstrate how the individual efforts of the petitioner could address broader national issues like the nursing shortage or significantly impact healthcare education at a national level.
Supporting Documentation
Advisory Letter:
An opinion letter supported the petitioner’s qualifications and the demand for her work in the field of nursing, but lacked convincing evidence of national significance.
Conclusion
The final determination upheld the initial decision to deny the national interest waiver. The appeal failed to establish the national importance of the proposed endeavor or its potential to significantly influence the field or employ U.S. workers, which is critical under the Dhanasar framework.
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