Date of Decision: June 27, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Nursing and Home Healthcare
Petitioner Information
Profession: Nurse and Caregiver
Field: Nursing and Home Healthcare
Nationality: Uzbek
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree Professional: Initially, the Director determined that the petitioner qualified as a member of the professions holding an advanced degree. However, this determination was later contested. The petitioner had submitted a diploma from Uzbekistan, which was evaluated as equivalent to an associate degree in nursing rather than a U.S. baccalaureate degree. This discrepancy led to the withdrawal of the Director’s initial decision regarding the advanced degree qualification.
Criteria Not Met:
Recognition for Contributions: The petitioner did not meet the criteria for recognition of achievements and significant contributions to the field. While the petitioner provided letters of recommendation and documentation of her training and experience, these were insufficient to demonstrate exceptional ability or substantial contributions to the nursing and caregiving industry.
Membership in Professional Associations: The petitioner claimed membership in the American Society of Aging; however, this membership began after the petition was filed, making it ineligible as evidence under the required criteria. Additionally, there was no supporting documentation to demonstrate that the American Society of Aging is a professional association as defined by the relevant regulations.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to work as a home healthcare nurse in the United States, providing high-quality nursing services and potentially organizing educational courses to transfer her knowledge. Her plan included the establishment of a business in the field of nursing, focusing on home healthcare services.
Substantial Merit and National Importance:
The Director initially determined that the petitioner’s proposed endeavor had substantial merit and national importance. However, the decision did not provide a detailed explanation for this determination, and on further review, it was found that the evidence provided did not convincingly demonstrate the national importance of the petitioner’s specific work. The petitioner’s plan was to offer services primarily at a local or regional level, which does not inherently establish national importance.
Supporting Evidence:
The petitioner submitted a business plan, letters of recommendation, and other documentation related to her nursing credentials and work experience. However, these documents did not provide sufficient evidence to meet the high threshold required for the EB-2 NIW classification.
Inconsistencies in Proposed Endeavor:
The petitioner’s proposed endeavor was not clearly connected to broader national benefits. The business plan and supporting documents focused on local impacts rather than demonstrating how her work would have a significant influence on the national healthcare system.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
The business plan outlined the proposed services but did not sufficiently substantiate the national importance or broader impact of the petitioner’s activities.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
The petitioner submitted letters of recommendation and training certificates, but these did not adequately address the national importance or exceptional ability criteria.
Conclusion
Final Determination: The appeal was remanded for further review.
Reasoning: The Director’s decision was withdrawn and remanded because the analysis of the petitioner’s qualifications, particularly regarding the advanced degree and exceptional ability criteria, was found to be insufficient. The case will be reviewed again to determine whether the petitioner meets the requirements for the EB-2 NIW classification.
