Date of Decision: May 25, 2021
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 Entrepreneur
Field: Physical Therapy, Preventative and Rehabilitation Services
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner demonstrated that her proposed endeavor had substantial merit through preventative and rehabilitation services for companies and individuals, as well as ergonomic consulting services.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide sufficient evidence to show she was well-positioned to advance her proposed endeavor. Despite submitting a business plan and projected staffing levels, these did not convincingly demonstrate a significant potential impact on a national level.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to show that, on balance, waiving the labor certification requirement would benefit the United States. The evidence provided did not sufficiently demonstrate the national interest in her contributions.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to engage in the business of preventative and rehabilitation services, and ergonomic consulting services, including in-person assessments, online training, and group classes within a 100-mile radius headquartered in New Jersey.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was recognized for its substantial merit due to its potential impact on preventative and rehabilitation services. However, it did not meet the national importance criteria, as it did not show significant potential to employ U.S. workers or offer substantial positive economic effects for the nation.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that her work would benefit the United States by addressing the shortage of physical therapists and the importance of healthcare. However, she did not provide sufficient evidence to support that her contributions justified waiving the labor certification process.
Supporting Evidence:
The petitioner submitted a business plan, curriculum vitae, academic credentials, and articles discussing the demand for physical therapists. Despite these documents, the evidence did not adequately demonstrate a substantial national impact.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about the national importance of her work were not fully supported by the evidence provided. The documentation did not clearly show that her proposed endeavor had broader implications or substantial positive economic effects.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Provided but did not demonstrate significant national importance or substantial economic benefits.
Advisory Letter:
Included but insufficient to support the claim of national importance.
Any Other Supporting Documentation:
Included articles and advisory letters, which praised her work but did not adequately demonstrate significant national impact.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that she is well-positioned to advance her proposed endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support her claims of substantial impact and national importance.
Download the Full Petition Review Here
