Date of Decision: JAN. 29, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Medical (Pediatrics)
Petitioner Information
Profession: Pediatrician
Field: Medical – Pediatrics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The Petitioner’s proposed endeavor has substantial merit as indicated in the review.
Criteria Not Met: - National Importance: The Petitioner did not establish that her proposed endeavor has national importance, failing the first prong of the Dhanasar framework. Further analysis on other criteria was deemed unnecessary.
Key Points from the Decision
Proposed Endeavor:
The Petitioner aims to work in the United States as a registered nurse, transitioning from pediatrician, seeking an EB-2 classification.
Substantial Merit and National Importance:
While the endeavor was acknowledged for its substantial merit, it failed to demonstrate national importance, crucial under the Dhanasar analysis.
Supporting Evidence:
The petitioner relied on prior submissions, which were deemed insufficient in establishing the national importance of the proposed endeavor.
Inconsistencies in Proposed Endeavor:
The subsequent approval of a similar petition raised questions, but was not considered sufficient to overturn the initial decision due to policy inconsistencies.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: Not applicable
Any other supporting documentation: Not applicable
Conclusion
Final Determination: The motion to reopen and reconsider the appeal was dismissed, as the petitioner failed to provide new, compelling facts or errors in the application of law or policy.
Reasoning:
The appeal was dismissed due to a lack of national importance in the proposed endeavor and the inability to provide new relevant facts or legal misinterpretations that would justify overturning the original decision.
Download the Full Petition Review Here
