Date of Decision: October 6, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Healthcare Staffing
Petitioner Information
Profession: Registered Nurse
Field: Healthcare Staffing
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
None: The Beneficiary did not meet the requirements for an advanced degree professional under EB-2.
Criteria Not Met:
Educational Requirements: The Beneficiary did not possess an advanced degree.
Petition Classification: The petition type was unclear, and the evidence did not meet the requirements for either advanced degree professional or skilled worker classification.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, a healthcare staffing business, seeks to employ the Beneficiary as a registered nurse to fill a critical role in providing healthcare services.
Substantial Merit and National Importance:
The role of a registered nurse is crucial for maintaining and improving healthcare services, addressing shortages, and ensuring quality care in various medical facilities.
Supporting Evidence:
The Petitioner provided documentation of the Beneficiary’s bachelor of science in nursing degree from the Philippines, which is equivalent to a U.S. bachelor’s degree. However, the petition required further evidence to support the classification and job offer requirements.
Inconsistencies in Proposed Endeavor:
The petition listed multiple potential worksite locations, but the prevailing wage determinations (PWD) did not cover all these locations. The Notices also had discrepancies in the advertised rate of pay.
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:
Additional financial documents and contracts were provided but did not resolve all regulatory requirements and inconsistencies.
Conclusion
Final Determination: The appeal was remanded.
Reasoning:
The Director’s decision was unclear regarding the classification type being considered. Additional issues, such as the ability to pay the proffered wage, compliance with PWD and Notice requirements for Schedule A petitions, and the successorship status of the Petitioner, needed to be addressed. The Petitioner must provide further evidence to clarify these points, and the Director will then review the entire record and enter a new decision.
Download the Full Petition Review Here
In Re: 570880
Document Name: OCT062017_01B5203
