Date of Decision: February 5, 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: Healthcare
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Criterion 1: The Petitioner demonstrated that the proposed endeavor as a nurse has substantial merit.
- The endeavor involves continuing her nursing career in healthcare facilities in the United States.
Criteria Not Met:
- Criterion 1: The Petitioner did not establish that her proposed endeavor has national importance.
- The Director noted that the endeavor does not extend beyond the individuals she would serve to impact the nursing industry or field more broadly.
- Criterion 2: The Petitioner did not demonstrate that her proposed endeavor has significant potential to employ U.S. workers or have other substantial positive economic effects.
- There was no indication of substantial economic impact, particularly in economically depressed areas.
Key Points from the Decision
Proposed Endeavor:
The Petitioner plans to continue her nursing career, working for healthcare facilities in the United States, specifically in Florida. She emphasized the importance of preventive healthcare and addressing the needs of the growing elderly population.
Substantial Merit and National Importance:
- The Petitioner’s endeavor has substantial merit as it involves providing nursing care.
- The Director concluded that the Petitioner did not show how her endeavor extends beyond her immediate service to have a broader impact on the nursing industry or the healthcare system.
Supporting Evidence:
- The Petitioner referenced market research, articles, and reports underscoring the importance of preventive healthcare and addressing the elderly care crisis.
- The evidence provided was generalized about the nursing profession and did not specifically relate to the Petitioner’s individual impact.
Inconsistencies in Proposed Endeavor:
- The Director found that the Petitioner’s assertion of her impact on the healthcare system was not substantiated.
- The Petitioner did not establish how her individual work would have national or substantial economic significance.
Supporting Documentation
Letters of Intent:
- Not applicable.
Business Plan:
- Not applicable.
Advisory Letter:
- Not applicable.
Other Supporting Documentation:
- The Petitioner provided various publications and generalized information about the nursing profession. However, these did not directly relate to her specific proposed endeavor or its national importance.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
- The Petitioner did not meet the first prong of the Dhanasar framework, which requires demonstrating that the proposed endeavor has national importance.
- The evidence provided was not sufficient to establish how her individual work as a nurse would have broader implications beyond her immediate service.
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