Date of Decision: January 11, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Social Work
Petitioner Information
Profession: Social Worker
Field: Social Work and Healthcare Integration
Nationality: Brazil
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree Professional: The petitioner was acknowledged as a member of the professions holding an advanced degree.
Criteria Not Met:
National Importance of Proposed Endeavor: The petitioner did not demonstrate that her proposed endeavor would have national importance as defined by the Dhanasar framework.
Potential U.S. Economic Impact: The evidence did not show that her work would have substantial positive economic effects or broader implications within her field.
Key Points from the Decision
Proposed Endeavor:
The petitioner intended to work in the U.S. coordinating assistance teams in healthcare settings, optimizing public servants’ medical consultations, and reducing work absences. Her endeavor aimed at integrating social services with healthcare to address inequities and improve quality of life.
Substantial Merit and National Importance:
The proposed endeavor was recognized for its merit, focusing on enhancing quality of life and healthcare integration. However, the petitioner failed to demonstrate how her work would have a national or global impact. The potential influence was seen as too localized and not meeting the substantial national importance requirement.
Supporting Evidence:
The petitioner provided a professional plan and letters outlining her previous work and intended activities. These documents depicted her endeavor but lacked sufficient detail to support the claims of significant national impact. Key statements included:
- “I will create, plan, and execute the Server Central project to optimize public servants’ consultations and medical exams to reduce work and illness absences.”
- “The Petitioner’s proposed endeavor will advance the field by implementing resources, including safe and affordable housing, access to education, public safety, healthy foods, local emergency health services, and environments free of life-threatening toxins.”
Inconsistencies in Proposed Endeavor:
The petitioner’s descriptions were broad and aspirational, lacking specific details and measurable outcomes. There were no clear milestones or outcomes to demonstrate how her work would achieve the proposed national importance.
Supporting Documentation
Letters of Intent:
Provided descriptions of her intended coordination roles and objectives in healthcare settings, but lacked detailed evidence of support from relevant U.S. entities.
Business Plan:
Outlined her goals and methods but did not provide sufficient detail on implementation strategies or projected national impact.
Advisory Letter:
Contained general endorsements of her skills and experience but did not adequately connect her work to broader national interests.
Conclusion
Final Determination: The appeal was dismissed due to insufficient evidence of national importance and substantial positive economic effects. The petitioner’s endeavor, while meritorious, did not meet the required criteria for a national interest waiver.
Reasoning:
- The petitioner did not sufficiently demonstrate how her work would have a national impact.
- The descriptions of her proposed activities were too broad and lacked specific, realistic implementation details.
- The potential economic and job creation benefits were not adequately supported by evidence.
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