Date of Decision: May 1, 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 Supervisor
Field: Nursing
Nationality: Not specified
Summary of Decision
Initial Decision: Approved
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Professional: The position of nurse supervisor was deemed to require an advanced degree, aligning with DOL’s data.
- Job Requirements: The job description met the criteria for an advanced degree professional as per the labor certification.
Criteria Not Met:
- Labor Certification: The petitioner failed to establish that a labor certification was not required for the position.
- Beneficiary Qualifications: The beneficiary did not meet the minimum requirements of the labor certification by the priority date.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to employ the beneficiary as a nurse supervisor, a role involving supervising nursing staff, managing schedules, maintaining records, and ensuring adequate training and supplies.
Substantial Merit and National Importance:
The position was found to have substantial merit and national importance due to its alignment with advanced nursing roles that contribute significantly to healthcare management.
Supporting Evidence:
The petitioner provided:
- Letters of intent
- Pay stubs
- Educational credentials
However, inconsistencies and lack of sufficient evidence undermined the supporting documentation.
Inconsistencies in Proposed Endeavor:
The documentation contained discrepancies in employment dates and job duties, failing to consistently demonstrate the beneficiary’s qualifications for the nurse supervisor role.
Supporting Documentation
Letters of Intent:
Provided letters highlighted the beneficiary’s roles but contained conflicting employment dates.
Business Plan:
Not applicable in this case.
Advisory Letter:
Included but did not adequately support the beneficiary’s qualifications for the advanced degree position.
Conclusion
Final Determination: The appeal was dismissed, and the petition remained revoked.
Reasoning:
- The proffered position did not qualify for Schedule A.
- The beneficiary did not meet the educational and experience requirements by the priority date.
- The petitioner failed to demonstrate the continuing ability to pay the proffered wage.
