Date of Decision: April 7, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Emergency Nursing
Petitioner Information
Profession: Registered Nurse-Emergency-Executive Director
Field: Emergency Nursing
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- None: The Director’s decision did not acknowledge any criteria met by the petitioner.
Criteria Not Met:
- Professional Nurse Definition: The Director found that the offered position did not qualify as a professional nurse under the Schedule A category.
- Job Classification: The Director concluded that the job classification on the labor certification did not match the requirements for a Schedule A designation.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a non-profit academic hospital, sought to employ the beneficiary as a “Registered Nurse-Emergency-Executive Director,” a role involving nursing and administrative duties.
Substantial Merit and National Importance:
The Director’s decision focused on the job classification rather than the substantial merit and national importance of the position. The proposed job’s classification under different SOC codes created confusion regarding its eligibility under Schedule A.
Supporting Evidence:
The petitioner submitted a prevailing wage determination (PWD) that classified the position under both SOC codes 11-9111 (Medical and Health Services Managers) and 29-1141 (Registered Nurses). The PWD’s “Additional Notes” section indicated that the job duties combined elements from both occupational codes.
Inconsistencies in Proposed Endeavor:
The labor certification indicated that the offered position did not involve a combination of job duties, conflicting with the PWD’s classification. This inconsistency led to questions about the proper classification of the position.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Not provided or summarized in the decision.
Any Other Supporting Documentation:
The petitioner provided job descriptions, organizational charts, and other employment-related documents that supported the hybrid nature of the role, combining nursing and administrative responsibilities.
Conclusion
Final Determination: The appeal was remanded.
Reasoning: The Director’s decision was based on an incorrect interpretation of the job classification requirements for a Schedule A designation. The case was remanded for further review of the job duties to determine if they fit the “professional nurse” definition as required for Schedule A.
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