Date of Decision: August 7, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Nursing Home Management
Petitioner Information
Profession: Unit Manager
Field: Nursing Home Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Schedule A Designation: The Petitioner provided documentation to support the Beneficiary’s qualification for a shortage occupation under Schedule A.
Job Qualifications: The Petitioner established that the Beneficiary possessed the necessary educational and licensure qualifications for the position.
Criteria Not Met:
Notice of Filing: The Petitioner did not properly notify its employees of the application for permanent employment certification, as the notice contained an incorrect website address for the Department of Labor (DOL) certifying officer.
Qualifying Experience: The provided experience certificate did not sufficiently demonstrate the Beneficiary’s qualifying experience for the offered position.
Key Points from the Decision
Proposed Endeavor:
The Petitioner sought to employ the Beneficiary as a unit manager at a nursing home. This position involves coordinating medical and health services, supervising nursing staff, and managing unit operations.
Substantial Merit and National Importance:
The decision did not specifically address the substantial merit and national importance of the Beneficiary’s proposed endeavor. The focus was on procedural compliance and the validity of the labor certification.
Supporting Evidence:
Initial Submission: Included the Form I-140 petition, labor certification, notice of filing, and supporting documents.
Further Submission on Appeal: The Petitioner provided additional arguments and evidence to address the Director’s findings.
Inconsistencies in Proposed Endeavor:
The primary inconsistency was the omission of the certifying officer’s mailing address in the notice of filing. Additionally, the experience certificate provided by the Beneficiary’s former employer did not include a specific description of duties performed, leading to questions about the Beneficiary’s qualifying 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 Certificate: Provided by the Beneficiary’s former employer but lacked detailed job duties and had discrepancies in employment dates.
Notice of Filing: Contained an incorrect website address for the DOL certifying officer.
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 primary issues were the improper notification of employees about the labor certification application and the insufficient documentation of the Beneficiary’s qualifying experience. The notice of filing did not include the certifying officer’s mailing address as required by DOL regulations, and the experience certificate lacked specific details about the Beneficiary’s job duties. Additionally, the Petitioner failed to demonstrate its ability to pay the proffered wage from the priority date onward. As a result, the denial of the labor certification application and the petition was affirmed, and the appeal was dismissed.
