Date of Decision: October 20, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Nursing Coordination
Petitioner Information
Profession: Nursing Coordinator
Field: Nursing Coordination, Healthcare Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- None specified: The petitioner did not meet the criteria necessary to demonstrate national importance or being well-positioned to advance the proposed endeavor.
Criteria Not Met:
- Substantial Merit and National Importance: The petitioner failed to demonstrate that her endeavor in nursing coordination has substantial merit and national importance. The evidence provided did not sufficiently show how the proposed activities would have a broad impact on the field of nursing or healthcare at a national level.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide adequate evidence to prove that she is well-positioned to advance her proposed endeavor. Although her qualifications and prior work experience were mentioned, they did not convincingly demonstrate her capability to significantly impact the field.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner did not sufficiently prove that waiving the labor certification requirement would be beneficial to the United States. The provided documentation did not clearly justify the necessity of this waiver for the petitioner’s contributions.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to offer expertise in nursing coordination to U.S. hospitals and clinics, providing training, management services, and advanced treatment techniques.
Substantial Merit and National Importance:
While the petitioner’s proposed work in nursing coordination is valuable, it did not meet the threshold of national importance. The evidence provided did not demonstrate significant potential for broad impact beyond her immediate employer and patients.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not present sufficient evidence to justify the waiver of the labor certification process. The appeal did not clearly show that the national interest would benefit significantly from waiving this requirement for the petitioner’s contributions.
Supporting Evidence:
The petitioner submitted documents including her curriculum vitae, academic credentials, and general information about the healthcare field. However, these did not adequately demonstrate her significant impact or broader implications of her work.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about her impact and the national importance of her work were not fully supported by the evidence. The documentation did not clearly show broad recognition or adoption of her work in the field of nursing coordination.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Included but not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation:
Included general references to the healthcare field and the petitioner’s qualifications, which did not adequately demonstrate significant national impact.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that her proposed endeavor has national importance, nor did she provide sufficient evidence to show that she is well-positioned to advance the endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support her claims.
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