Date of Decision: May 1, 2015
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: Philippines
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Educational Requirement:
- The beneficiary possesses a Bachelor of Science degree in Nursing from a university in the Philippines, which is equivalent to a U.S. bachelor’s degree.
Professional Experience:
- The beneficiary has relevant experience in the field of nursing, including positions held in the Philippines and the United States.
Criteria Not Met:
Specific Job Experience:
- The beneficiary did not meet the requirement of 60 months of experience as a nurse supervisor as specified in the labor certification.
Schedule A Occupation Qualification:
- The position offered did not qualify as a Schedule A occupation according to DOL standards, as the job duties were more administrative than those of a professional nurse.
Key Points from the Decision
Proposed Endeavor:
- The petitioner aimed to employ the beneficiary as a nurse supervisor in the United States, which involves overseeing the work of registered nurses, licensed practical nurses, and certified nursing assistants.
Substantial Merit and National Importance:
- While the endeavor of employing a nurse supervisor has substantial merit in the healthcare sector, the position offered did not align with the criteria for a Schedule A occupation under the Department of Labor’s definitions.
Supporting Evidence:
- The petitioner submitted documentation including letters from previous employers verifying the beneficiary’s employment history, educational transcripts, and proof of nursing qualifications.
Inconsistencies in Proposed Endeavor:
- There were inconsistencies in the job requirements stated in different parts of the labor certification, which affected the evaluation of the beneficiary’s qualifications.
Supporting Documentation
Letters of Intent:
- Not applicable in this case.
Business Plan:
- Not applicable in this case.
Advisory Letter:
- The petition included letters from previous employers detailing the beneficiary’s work experience but failed to establish the specific required experience as a nurse supervisor.
Any Other Supporting Documentation:
- The petition included academic transcripts and professional certifications.
Conclusion
Final Determination:
- The appeal was dismissed, and the petition was denied due to the failure to meet specific experience requirements and the classification criteria for a Schedule A occupation.
Reasoning:
- The beneficiary did not have the required 60 months of experience as a nurse supervisor.
- The offered position did not qualify as a Schedule A occupation under DOL standards.
- The petitioner, being a debarred entity, was ineligible to have the petition approved during the debarment period.
- The petitioner did not establish the ability to pay the proffered wage from the priority date onward.
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