Date of Decision: March 18, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Healthcare Administration
Petitioner Information
Profession: Nurse Supervisor
Field: Nursing and Healthcare Administration
Nationality: [Nationality not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: N/A
Criterion 2: N/A
Criteria Not Met:
Criterion 1: Insufficient evidence of the offered position qualifying for the requested Schedule A designation.
Criterion 2: Inconsistent job descriptions provided by the petitioner, failing to establish the professional nature of the nursing position.
Key Points from the Decision
Proposed Endeavor:
The petitioner intended to employ the beneficiary as a nurse supervisor at a client hospital in Utah, overseeing registered nurses, licensed practical nurses, and certified nursing assistants, and ensuring proper nursing procedures.
Substantial Merit and National Importance:
The appeal did not provide sufficient evidence to demonstrate that the proposed employment as a nurse supervisor met the substantial merit and national importance criteria required for the EB-2 NIW classification.
On Balance, it Would Be Beneficial to the United States to Waive the Requirements of the Labor Certification Process:
The inconsistencies in the job descriptions and lack of resolution regarding the nature of the position’s duties led to the conclusion that the waiver of the labor certification process would not be beneficial to the United States.
Supporting Evidence
The petitioner provided documents including a bachelor’s degree in nursing from the Philippines, a master’s degree in healthcare administration from the U.S., and a U.S. state license as a registered nurse. However, these did not resolve the inconsistencies in job duties.
Inconsistencies in Proposed Endeavor:
The petitioner’s labor certification application listed primarily supervisory and administrative tasks, while the prevailing wage determination request emphasized clinical nursing duties. This discrepancy was not adequately addressed.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
Not applicable.
Conclusion
The appeal was denied. The petitioner did not resolve the inconsistencies in the job descriptions and failed to provide material evidence demonstrating the eligibility of the nurse supervisor position for Schedule A designation.
