Date of Decision: September 29, 2023
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: Nursing, Public Health
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner demonstrated that her proposed endeavor of continuing her nursing activities in the United States has substantial merit. The contribution to public health and alleviation of the country’s nursing shortage were recognized as valuable.
Criteria Not Met:
- National Importance: The petitioner did not provide sufficient evidence to show that her specific endeavor would have national implications for the economy or healthcare field. While the nursing profession is critical, the petitioner’s activities were deemed not broad enough to meet the threshold of national importance.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not demonstrate that she was well-positioned to advance her specific endeavor due to the vagueness of her future U.S. position, which was not determined at the time of filing.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue her nursing activities in the United States, combining administrative and clinical duties in an as-yet-undetermined healthcare facility. She sought to improve patient outcomes, train healthcare workers, and enhance healthcare management and societal welfare.
Substantial Merit and National Importance:
While the petitioner’s endeavor was recognized for its substantial merit due to the potential impact on public health, it was not found to have national importance. The decision emphasized that the petitioner’s specific activities would not have broad national implications necessary to meet the criteria for the national interest waiver.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not sufficiently demonstrate that waiving the labor certification process would benefit the United States. The lack of specific evidence regarding her future duties hindered her ability to establish the national importance of her endeavor.
Supporting Evidence:
The petitioner submitted evidence of her nursing degree, over 12 years of experience, and her U.S. nursing license. However, these documents did not adequately demonstrate that her activities would have the required national impact.
Inconsistencies in Proposed Endeavor:
The petitioner’s future U.S. position was not determined, leading to a lack of clarity about her specific duties and how they would impact the national level.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation:
Included her academic credentials and U.S. nursing license, but these were insufficient to establish the national importance of her endeavor.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that her proposed endeavor has national importance or that she is well-positioned to advance it. The evidence provided was insufficient to support her claims.
