Date of Decision: February 27, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Occupational Therapy
Petitioner Information
Profession: Occupational Therapist
Field: Occupational Therapy
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Eligibility for underlying EB-2 immigrant visa: Established as a professional holding an advanced degree.
Criteria Not Met: - National importance of the proposed endeavor: Not established; the proposed endeavor’s impact was deemed insufficient at a national level.
- Positioning to advance the proposed endeavor: Not demonstrated; the petitioner failed to show she is well-positioned to advance her endeavor.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposes to establish a rehabilitation clinic in the U.S., focusing on a comprehensive range of therapies, including occupational, physical, and psychological therapies, aimed at both adults and children.
Substantial Merit and National Importance:
While the petitioner demonstrated the proposed endeavor has substantial merit, the national importance was not sufficiently established, as the impact of the endeavor appeared limited to the petitioner’s immediate business rather than the broader national landscape.
Supporting Evidence:
The petitioner provided a business plan, academic credentials, professional experiences, and expert opinions, all supporting her qualifications and the operational strategy of the proposed clinic. However, the broader implications and potential impacts on national healthcare or economic benefits were found lacking.
Inconsistencies in Proposed Endeavor:
Discrepancies in location details and the lack of robust evidence on the projected economic impact weakened the case, leading to doubts about the credibility and feasibility of the endeavor.
Supporting Documentation
Business Plan: Outlined potential economic impacts and job creation but lacked corroborative evidence for substantial national benefits.
Letters of Intent: Not sufficiently detailed to demonstrate a significant impact on national employment or economic conditions.
Conclusion
Final Determination: The appeal is dismissed due to insufficient demonstration of the national importance of the proposed endeavor and the petitioner’s ability to significantly impact her field or the broader U.S. economy.
Reasoning:
The appeal failed to alter the initial decision due to the petitioner’s inability to substantiate claims of national importance and beneficial impacts adequately, despite the endeavor’s merit and her qualifications.
