Date of Decision: November 7, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Physical Therapy and Business Management
Petitioner Information
Profession: Physical Therapist and Entrepreneur
Field: Physical Therapy and Business Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The Petitioner was found to qualify as a member of the professions holding an advanced degree, with a bachelor’s degree in physiotherapy from Brazil and at least five years of progressive experience in the field.
Criteria Not Met:
- National Importance: The Petitioner did not establish that his proposed endeavor of establishing a physical therapy and Pilates clinic has national importance. The evidence provided did not sufficiently demonstrate that the proposed business would have a significant impact beyond his immediate business operations and clients to benefit the U.S. economy or the healthcare industry on a national scale.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to establish a physical therapy and Pilates clinic business in New Jersey, with future plans to franchise the business in underserved areas of the United States. The business would focus on rehabilitation for acute and chronic cases, post-COVID-19 care, and services for the elderly.
Substantial Merit and National Importance:
The appeal was dismissed because the evidence did not demonstrate that the proposed clinic would have a significant impact on the U.S. economy or the healthcare industry on a national scale. The business plan projected the creation of 63 jobs and significant revenue generation over five years, but these projections were not sufficiently supported by the evidence provided. The Director noted that while the Petitioner’s endeavor has substantial merit, it does not meet the threshold for national importance under the Dhanasar framework. The Petitioner’s arguments that the clinic would address the shortage of healthcare professionals and provide economic benefits were not corroborated by independent evidence that demonstrated a broader impact.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
This prong was not analyzed in detail due to the failure to meet the first prong regarding national importance.
Supporting Evidence:
The Petitioner submitted a business plan, letters of recommendation, industry reports, and an expert opinion letter. However, these were insufficient to establish the required level of national importance or demonstrate how the specific endeavor would create substantial positive economic effects.
Inconsistencies in Proposed Endeavor:
The Director found that the business plan and other evidence did not sufficiently connect the proposed business activities to broader industry-wide or national impacts. The evidence provided was considered speculative and lacked detailed support.
Supporting Documentation
Business Plan:
The business plan outlined the strategy for establishing and growing the physical therapy and Pilates clinic but lacked detailed projections and evidence of how this would impact the broader U.S. economy or the healthcare industry.
Letters of Recommendation and Expert Opinion:
Letters and the expert opinion supported the Petitioner’s qualifications but did not convincingly demonstrate that the endeavor would have a significant national impact.
Conclusion
Final Determination: The appeal was denied because the Petitioner did not establish that his proposed endeavor as a physical therapist and entrepreneur would have national importance or broader implications in the field of healthcare. The evidence provided was insufficient to demonstrate that waiving the job offer requirement would benefit the United States on a national level.
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