Date of Decision: APR. 14, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Physical Therapy
Petitioner Information
Profession: Physical Therapist
Field: Physical Therapy
Nationality: Unspecified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
The Petitioner has the foreign equivalent of a U.S. bachelor’s degree and at least five years of post-baccalaureate experience in physical therapy.
The Petitioner qualifies for the EB-2 classification as an advanced degree professional.
Criteria Not Met:
The Petitioner did not sufficiently demonstrate the national importance of her specific proposed endeavor in the field of physical therapy.
The Petitioner did not provide sufficient independent and objective evidence of unique methods, solutions, talents, protocols, and techniques in her proposed endeavor.
Key Points from the Decision
Proposed Endeavor
The Petitioner proposed to work as a physical therapist in the United States, providing physical therapy rehabilitation services and promoting the health and wellbeing of residents in the Central Florida area.
Substantial Merit and National Importance:
The proposed endeavor was recognized for its substantial merit due to the benefits of physical therapy in addressing injuries, pain management, rehabilitation, and reducing healthcare costs.
Supporting Evidence:
The Petitioner provided articles and reports highlighting the importance of physical therapy, the national shortage of physical therapists, and the economic benefits of physical therapy in reducing opioid use and healthcare costs.
Inconsistencies in Proposed Endeavor
The Petitioner’s evidence focused on the general importance of the physical therapy profession rather than demonstrating the national importance of her specific proposed endeavor. The evidence did not sufficiently show how her work would impact the field of physical therapy or the nation on a broader scale.
Supporting Documentation
Letters of Intent: The Petitioner provided client testimonial letters emphasizing her successful treatment results and innovative techniques. However, these letters lacked detailed explanations of the unique methods and their broader impact.
Business Plan: Not applicable or not provided.
Advisory Letter: Included recommendations highlighting her skills and achievements but did not offer sufficient evidence of national importance.
Any other supporting documentation: The Petitioner’s additional article on cost savings in treating lower back pain with physical therapy further supported the importance of the field but did not establish the national importance of her specific endeavor.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The Petitioner did not meet the first prong of the Dhanasar analytical framework, which requires demonstrating the national importance of the proposed endeavor. The evidence provided focused on the overall importance of the physical therapy field rather than the specific impact of the Petitioner’s work. As such, the Petitioner did not establish eligibility for a national interest waiver.
