Date of Decision: March 7, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Exercise Physiology
Petitioner Information
Profession: Exercise Physiologist
Field: Exercise and Rehabilitation of Musculoskeletal Injuries and Diseases
Nationality: [Nationality]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: Petitioner holds a foreign equivalent of a U.S. bachelor’s degree.
- Substantial Merit: Acknowledged merit in enhancing health through exercise physiology.
Criteria Not Met:
- National Importance: Failed to establish that the proposed endeavor has national importance.
- Position to Advance: Insufficient evidence that the petitioner is well-positioned to advance the proposed endeavor.
Key Points from the Decision
Proposed Endeavor:
The petitioner intends to develop exercise programs for various populations, focusing on rehabilitation and preventative care.
Substantial Merit and National Importance:
The petitioner’s endeavor has substantial merit in health improvement but lacks sufficient evidence of national importance and potential economic and societal benefits.
Supporting Evidence
The petitioner submitted expert opinion letters and research, but these were deemed insufficient to demonstrate national importance or significant economic impact.
Inconsistencies in Proposed Endeavor
The Director questioned the broader impact of the petitioner’s endeavor, noting a lack of evidence on employment impact and societal welfare enhancement.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided.
Advisory Letter:
Insufficient details on how the endeavor would significantly impact the U.S. economy or employment.
Conclusion
The appeal was denied. The petitioner failed to demonstrate that his proposed endeavor of working as an exercise physiologist aligns with national interests to a significant extent.
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