Date of Decision: February 1, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Nursing
Petitioner Information
Profession: Registered Nurse
Field: Healthcare
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Labor Certification: The Petitioner successfully obtained labor certification, indicating that there are insufficient U.S. workers available for the position and that employing a foreign national will not harm the wages and working conditions of U.S. workers.
Criteria Not Met:
Beneficiary’s Qualifications: The Petitioner did not establish that the Beneficiary possessed the required 60 months of experience as a registered nurse as stipulated by the labor certification.
Ability to Pay Proffered Wage: The Petitioner did not demonstrate its ability to pay the combined proffered wages of this and other immigrant petitions.
Key Points from the Decision
Proposed Endeavor:
The Petitioner sought to employ the Beneficiary as a registered nurse. The role involved providing professional nursing services in a healthcare setting.
Substantial Merit and National Importance:
The decision did not specifically address the substantial merit and national importance of the Beneficiary’s proposed endeavor. The primary focus was on verifying the Beneficiary’s qualifications and the Petitioner’s ability to pay the proffered wage.
Supporting Evidence:
Initial Submission: Included the Form I-140 petition, labor certification, and experience verification letters.
Further Submission on Appeal: Provided additional evidence and arguments regarding the Beneficiary’s qualifications and the Petitioner’s financial status.
Inconsistencies in Proposed Endeavor:
The primary inconsistency was the lack of detailed experience verification letters. The letters did not provide specific descriptions of the Beneficiary’s duties, making them insufficient as credible evidence of the required 60 months of experience.
Supporting Documentation
Letters of Intent:
Not applicable in this case.
Business Plan:
Not applicable in this case.
Advisory Letter:
Not applicable in this case.
Any other supporting documentation:
Experience Letters: Provided by previous employers but lacked specific job duty descriptions.
Financial Records: Included a paystub and tax return for 2016 but did not demonstrate the ability to pay the combined proffered wages for all petitions.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The Petitioner did not meet the burden of proof required to establish eligibility for the immigration benefit sought. The Beneficiary did not possess the required 60 months of experience as a registered nurse as of the priority date, and the Petitioner did not establish its ability to pay the combined proffered wages of this and other immigrant petitions. Consequently, the initial decision to deny the petition was upheld, and the appeal was dismissed. The Petitioner must address these deficiencies in any future filings to establish eligibility.
