Date of Decision: September 15, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Athletic Training
Petitioner Information
Profession: Athletic Trainer
Field: Athletic Training
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Exceptional Ability: The petitioner qualifies as an individual of exceptional ability in athletic training.
Criteria Not Met:
- National Importance: The petitioner did not sufficiently demonstrate that his proposed endeavor has national importance.
- Well Positioned to Advance: The petitioner did not sufficiently demonstrate that he is well positioned to advance his proposed endeavor.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to offer his expertise as an athletic trainer to work with healthcare facilities, sports teams, or fitness centers, providing expert advice on improving physical health and athletic performance. He also planned to educate clients about the benefits of regular exercise and a healthy lifestyle through his company, focusing on individuals over 55, those needing physical therapy, and the general population.
Substantial Merit and National Importance:
While the petitioner’s work in athletic training has substantial merit, the evidence did not sufficiently demonstrate the national importance of his specific proposed endeavor. The petitioner did not provide detailed information on how his work would have a significant national impact. The Director concluded that the petitioner’s work, while beneficial to his clients, did not demonstrate broader implications or significant potential to employ U.S. workers or have substantial positive economic effects on a national scale.
Well Positioned to Advance the Proposed Endeavor:
The petitioner provided documentation of his professional experience and a growth plan for his company. However, the evidence was insufficient to demonstrate that he is well positioned to advance his proposed endeavor. The petitioner did not provide specific details on how his work would impact the field of athletic training more broadly. The company growth plan mentioned hiring 11 employees within five years, but this did not sufficiently demonstrate a substantial positive economic effect or significant potential to employ U.S. workers.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not provide adequate justification for waiving the labor certification process. The evidence was insufficient to prove the national interest in the petitioner’s contributions. The petitioner’s statements regarding the importance of exercise and nutrition did not sufficiently address how his specific endeavor would have broader implications or substantial positive economic effects.
Supporting Evidence:
The petitioner submitted various documentation, including descriptions of his professional experience and a company growth plan. However, these were not sufficient to demonstrate the national importance of his proposed endeavor or that he is well positioned to advance it.
Inconsistencies in Proposed Endeavor:
The petitioner’s evidence did not sufficiently demonstrate the potential broader impact of his proposed endeavor. The Director’s analysis indicated that the petitioner’s proposed endeavor was not adequately described, and there was a lack of detailed information on the specific projects and the impact of his work.
Supporting Documentation
Letters of Intent: Not provided
Business Plan: Provided but not sufficiently detailed to support the claim of national importance
Advisory Letter: Not provided
Other Supporting Documentation: Included descriptions of professional experience and a company growth plan, which were insufficient to establish the broader national importance of the petitioner’s proposed endeavor.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not establish that his proposed endeavor has national importance or that it would be beneficial to waive the labor certification process. The petitioner did not demonstrate eligibility for or merit a national interest waiver as a matter of discretion.
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