Date of Decision: December 16, 2022
Service Center: Texas 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: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None: The petitioner did not meet any specific criteria under the presented evidence.
Criteria Not Met:
National Importance: The proposed endeavor did not demonstrate a national level of impact or importance.
Consistency of Proposed Endeavor: There were inconsistencies in the description of the proposed endeavor, which changed from working as a physical therapist to running a business and advising on cross-border contracts.
Key Points from the Decision
Proposed Endeavor:
The petitioner initially proposed to work as a physical therapist with a healthcare facility but later shifted to opening a physiotherapy business in Florida and working with multinational companies on healthcare ventures. This inconsistency weakened the clarity and specificity of the proposed endeavor.
Substantial Merit and National Importance:
The petitioner argued the importance of physical therapy in managing work-related injuries and improving quality of life. However, the evidence did not show how the proposed business would have a substantial impact beyond the local level or significantly address the national shortage of physical therapists.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The appeal did not sufficiently demonstrate that waiving the labor certification requirement would benefit the U.S. The projected creation of five jobs and a payroll of $268,404 in five years did not rise to the level of substantial national benefit as required by the Dhanasar framework.
Supporting Evidence:
The petitioner provided a business plan, letters of reference, and patient testimonials. However, these documents primarily highlighted personal qualifications and the importance of physical therapy as a field rather than the national importance of the specific proposed endeavor.
Inconsistencies in Proposed Endeavor:
The shift from working in a healthcare facility to running a business and advising on international contracts created a lack of a clear, consistent proposed endeavor, which is necessary for establishing national interest.
Supporting Documentation
Letters of Intent:
The letters of intent provided were more focused on the petitioner’s qualifications and general importance of physical therapy, lacking specifics on national impact.
Business Plan:
The business plan outlined the operations of a physiotherapy business but did not convincingly demonstrate how it would have a national economic impact.
Advisory Letter:
Advisory letters supported the petitioner’s expertise but did not address the national importance of the proposed endeavor.
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not meet the first prong of the Dhanasar framework, as the proposed endeavor lacked national importance and specificity.
Reasoning: The petitioner’s proposed endeavor was inconsistent and did not demonstrate national importance. The evidence provided did not meet the required criteria for the national interest waiver.
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