Date of Decision: February 01, 2024
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: Nursing
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit of Endeavor: Demonstrated by articles and reports discussing the value of the nursing profession, which aligns with the substantial merit criteria under Dhanasar.
Criteria Not Met:
- National Importance: The petitioner failed to sufficiently link her nursing work to a broader reach or national importance as required by the Dhanasar framework.
- Well-Positioned to Advance Endeavor: No sufficient evidence was provided to prove that the petitioner is well-positioned to significantly impact the nursing field nationally.
Key Points from the Decision
Proposed Endeavor:
The petitioner intends to work as a Registered Nurse across various states, transitioning into roles that include Nurse Educator and Nurse Coordinator, with an aim to address the nursing shortage.
Substantial Merit and National Importance:
The petitioner has shown substantial merit by demonstrating the societal value of nursing. However, she failed to establish that her endeavors have national importance due to a lack of detailed evidence on her potential to influence the broader nursing field or healthcare industry significantly.
Supporting Evidence:
The petitioner provided professional plans, and articles on the nursing shortage, which support the substantial merit but fail to solidify the national importance of her endeavor.
Inconsistencies in Proposed Endeavor:
There was a lack of detailed plans or outcomes for her roles beyond personal career advancement, which did not support claims of national impact.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: General recommendation letters that discussed the petitioner’s skills and experience but did not specifically support the national importance of her endeavor.
Conclusion
Final Determination: The petitioner did not meet the crucial criteria of national importance necessary for a national interest waiver. The appeal was dismissed based on the inability to establish that the proposed endeavor would significantly affect the national landscape of healthcare.
