Date of Decision: April 22, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Physical Therapy and Aesthetics
Petitioner Information
Profession: Physical Therapist and Aesthetician
Field: Physical Therapy and Aesthetics
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Official Academic Record: The Petitioner holds a degree.
- License: The Petitioner possesses a license to practice the profession.
Criteria Not Met:
- 10 Years of Full-Time Experience: The evidence did not establish 10 years of full-time employment in the proposed occupation.
- Membership in Professional Associations: The association membership did not meet the professional criteria.
- Recognition for Achievements and Significant Contributions: The evidence provided did not demonstrate significant contributions or recognition in the field.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to work as a physical therapist and aesthetician, but the documentation did not substantiate a well-defined, substantial endeavor.
Substantial Merit and National Importance:
The Director found that the proposed endeavor lacked substantial merit and national importance. The evidence did not demonstrate that the endeavor would benefit the U.S. on a national scale.
Supporting Evidence:
The Petitioner provided various letters of recommendation, membership cards, and a special tribute from a local community. However, these were insufficient to establish eligibility for exceptional ability or national interest waiver.
Inconsistencies in Proposed Endeavor:
There were inconsistencies in the Petitioner’s employment history and the nature of the self-employment claims. These inconsistencies undermined the credibility of the presented evidence.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
Letters of recommendation from clients and co-workers, and a special tribute from a local community.
Conclusion
The appeal was dismissed. The Petitioner did not establish eligibility for the underlying EB-2 classification as an individual of exceptional ability and did not meet the requirements for a national interest waiver.
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