Date of Decision: December 10, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Physical Education
Petitioner Information
Profession: Physical Education Coach
Field: Physical Education, Health, and Fitness
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner demonstrated that his proposed endeavor had substantial merit. His work in physical education, specifically as a coach and trainer in martial arts, was acknowledged for its potential benefits to individual health and well-being.
Criteria Not Met:
- National Importance: The petitioner did not provide sufficient evidence to show that his proposed endeavor had national importance. Although his work in coaching and training was recognized, it did not demonstrate a broader impact on the national level.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide sufficient evidence to show he was well-positioned to advance his proposed endeavor. The evidence submitted did not convincingly demonstrate his capacity to influence or advance the fields of physical education and health significantly.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to show that, on balance, waiving the labor certification requirement would be beneficial to the United States. The evidence provided did not sufficiently demonstrate the national interest in his contributions.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue his work as a physical education coach and martial arts trainer, aiming to improve the health and fitness of his clients through personalized coaching and training.
Substantial Merit and National Importance:
While the petitioner’s proposed endeavor was recognized for its substantial merit, particularly in improving individual health and fitness, it was not found to have national importance. The impact of his work was limited to his local community and did not demonstrate broader implications for the national interest.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that his work would contribute to the United States by promoting health and fitness. However, he did not provide sufficient evidence to support the claim that his contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted his curriculum vitae, academic credentials, letters of support, and documentation of his work as a coach and trainer. While these documents demonstrated his expertise and dedication, they did not adequately show a significant impact on the national level.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about his influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that his work had been widely adopted or recognized beyond his local community.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Provided but not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation:
Included letters from clients and colleagues, praising his work but not adequately demonstrating his significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that his proposed endeavor had national importance or that he was well-positioned to advance it. The evidence provided was insufficient to support his claims of significant impact and national interest.
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