Date of Decision: March 12, 2015
Service Center: Nebraska 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: Nursing
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Ability to Pay: The petitioner did not meet the criteria for demonstrating the ability to pay the proffered wage, as required by regulations.
Criteria Not Met:
- Bona Fide Job Opportunity: The petitioner failed to establish a bona fide job offer due to the cessation of business activities prior to filing the petition.
- Educational Requirements: The educational requirements for the position did not meet the standards for an advanced degree professional as required for EB-2 classification.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a medical clinic, sought to employ the beneficiary as a registered nurse, claiming the need for a senior-level position requiring extensive education and experience.
Substantial Merit and National Importance:
The proposed endeavor did not meet the substantial merit and national importance criteria due to the lack of evidence supporting the necessity of the advanced degree for the registered nurse position.
Supporting Evidence:
The petitioner failed to provide adequate evidence of the ability to pay the proffered wage and the existence of a bona fide job offer. Financial statements and tax returns were not provided for the relevant period.
Inconsistencies in Proposed Endeavor:
The job duties listed were those of a typical registered nurse, which do not require an advanced degree or the high level of experience claimed to be necessary by the petitioner.
Supporting Documentation
Letters of Intent:
None provided.
Business Plan:
None provided.
Advisory Letter:
None provided.
Any Other Supporting Documentation:
None provided.
Conclusion
The appeal was dismissed. The petitioner did not establish the ability to pay the proffered wage or the necessity for an advanced degree for the registered nurse position, resulting in the dismissal of the appeal.
