Date of Decision: October 25, 2017
Service Center: Nebraska 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: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit and National Importance:
The Petitioner’s work as a nurse supervisor in a healthcare agency and automated medicine business holds substantial merit and national importance due to the critical need for skilled nursing professionals in the healthcare industry.
Criteria Not Met:
Ability to Pay the Proffered Wage:
The Petitioner did not provide sufficient evidence to establish its ability to pay the proffered wage of $71,053 per year to the Beneficiary and other sponsored workers.
The evidence provided, such as bank statements and a line of credit, did not demonstrate the Petitioner’s financial capacity to meet its wage obligations.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, a healthcare agency, sought to employ the Beneficiary as a nurse supervisor. The Petitioner claimed that the Beneficiary’s employment would lead to an increase in business and income.
Substantial Merit and National Importance:
The Beneficiary’s role in supervising nursing staff is vital to the healthcare industry, ensuring the delivery of quality care and the effective management of healthcare services.
Supporting Evidence:
The Petitioner submitted federal tax returns, bank statements, and a line of credit as evidence of its ability to pay the proffered wage.
Despite these documents, the Petitioner did not provide information about other Forms I-140 it had filed, making it impossible to assess its ability to pay the combined wages of all sponsored beneficiaries.
Inconsistencies in Proposed Endeavor:
The Petitioner’s failure to provide comprehensive information on its financial obligations and the wages of other sponsored beneficiaries created inconsistencies in demonstrating its ability to pay the proffered wage.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
The Petitioner provided federal tax returns, bank statements, and a line of credit to support its financial capacity, but these were insufficient without details on other sponsored petitions.
Conclusion
Final Determination: The appeal was dismissed. The Petitioner did not establish its ability to pay the proffered wage of the Beneficiary and other sponsored workers, nor did it demonstrate compliance with the requirement to publish the Notice of Filing internally using in-house media.
Reasoning:
The Petitioner’s failure to provide comprehensive financial information and the omission of required notices led to the dismissal of the appeal.
