Date of Decision: March 14, 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 Entrepreneurship
Petitioner Information
Profession: Physical Therapist and Entrepreneur
Field: Physical Therapy and Entrepreneurship
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The Petitioner’s endeavor to operate and manage a clinic offering specialized physiotherapy and Pilates services demonstrates substantial merit.
Criteria Not Met:
- National Importance: The endeavor did not meet the national importance requirement, as it did not show broader implications beyond the local clientele.
- Economic Impact: Insufficient evidence was provided to demonstrate significant positive economic effects or job creation at a national level.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to operate a clinic in Florida, providing tailor-made physiotherapy services, specialized Pilates, and Neo Pilates courses, aiming to enhance health and well-being and address post-COVID-19 respiratory and neurological issues.
Substantial Merit and National Importance:
While the proposed endeavor has substantial merit in improving health through specialized physical therapy services, it did not meet the criteria for national importance. The decision emphasized that the impact of the clinic would be localized, serving its immediate clients without demonstrating a broader, national significance. The Petitioner did not provide evidence of introducing novel methodologies or significant contributions to the field that would extend beyond her practice.
Supporting Evidence:
The Petitioner presented a business plan with financial projections and a Regional Input-Output Modeling System (RIMS II) report, projecting indirect job creation. However, the evidence lacked sufficient detail and credibility to support the claimed economic impact and job creation figures.
Inconsistencies in Proposed Endeavor:
The business plan included financial projections without adequate explanation or supporting evidence, undermining the claims of substantial economic impact.
Supporting Documentation
Letters of Intent: Not provided.
Business Plan: Provided but lacked detailed, credible evidence to support economic projections.
Advisory Letter: Not provided.
Any Other Supporting Documentation: The RIMS II report was provided but lacked sufficient detail to validate job creation claims.
Conclusion
The appeal was dismissed. The Petitioner did not establish the national importance of her proposed endeavor, nor did she provide sufficient evidence of significant economic impact or job creation.
