Date of Decision: December 23, 2015
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 Practitioner
Field: Nursing, Primary Care
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Criterion 1: Advanced Degree: The Petitioner holds a Master of Science in Nursing degree.
- Criterion 2: Professional Certification: The Petitioner has certification from the Maryland Board of Nursing and is a member of the American Association of Nurse Practitioners.
Criteria Not Met:
- Criterion 1: National Scope of Benefits: The Petitioner did not demonstrate that her work had a national impact beyond her local area.
- Criterion 2: Influence on the Field: The Petitioner did not provide evidence of significant contributions to the field of nursing that would justify a waiver of the job offer requirement.
Key Points from the Decision
Proposed Endeavor:
The Petitioner sought to provide primary care services in underserved, poor areas in the U.S., particularly New Mexico.
Substantial Merit and National Importance:
The Director found that while the Petitioner’s work had intrinsic merit, it did not demonstrate a national scope of benefits. The assertion that the Petitioner’s ethnicity would enhance her service in underserved areas was noted but deemed insufficient to prove national importance.
Supporting Evidence:
The Petitioner provided letters from professionals and evidence of her academic and professional qualifications. However, the letters did not adequately establish her influence on the field of nursing or demonstrate national benefits.
Inconsistencies in Proposed Endeavor:
No specific inconsistencies in the proposed endeavor were highlighted, but the lack of national impact was a critical point of the decision.
Supporting Documentation
Letters of Intent:
Letters from academic and healthcare professionals highlighted the Petitioner’s work with underprivileged and special needs clients but failed to show a broader national impact.
Business Plan:
Not applicable.
Advisory Letter:
Not provided.
Other Supporting Documentation:
The Petitioner provided evidence of her education, professional certification, and membership in professional organizations.
Conclusion
Final Determination: The motion to reopen and reconsider the case was denied.
Reasoning: The Petitioner did not demonstrate that her work had a national scope or significant influence on the field of nursing. The evidence provided was insufficient to justify waiving the job offer requirement based on national interest.
