EB-2 NIW USCIS Appeal Review – Physical Therapist from Brazil – JAN102024_04B5203

Date of Decision: January 10, 2024
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: Brazilian

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met:

  • EB-2 Eligibility: Qualifies as an advanced degree professional with a foreign degree equivalent to a U.S. bachelor’s degree in physical therapy, supported by over five years of professional experience.

Criteria Not Met:

  • Substantial Merit and National Importance: Although the petitioner’s endeavor could benefit the U.S. healthcare sector and economy, it lacks sufficient evidence of national importance and potential impact. The business projections do not demonstrate significant influence or benefits on a national scale.

Key Points from the Decision

Proposed Endeavor:
The petitioner intends to provide physical therapy and Pilates services through her own firm in Massachusetts, aiming to generate substantial revenue and employment over five years.

Substantial Merit and National Importance:
The petitioner’s work is recognized for its potential to alleviate a physical therapist shortage and enhance healthcare quality, but lacks sufficient evidence of a broader national impact.

Supporting Evidence:
The petitioner submitted an evaluation of her educational credentials, letters from past employers and clients, and a detailed business plan forecasting economic contributions and job creation.

Inconsistencies in Proposed Endeavor:
There is a disparity between the local scope of the business and the requirements for national significance, as the projected influence and benefits are limited to her firm and its immediate connections.

Supporting Documentation

Letters of Intent:
Not specifically mentioned, but similar supportive documents were noted.

Business Plan:
Details a five-year projection with revenue of $2.77 million and 35 new jobs, indicating economic potential but limited national impact.

Advisory Letter:
Not specifically mentioned, but professional evaluations and employment letters were provided to support EB-2 classification eligibility.

Conclusion

Final Determination:
The appeal is dismissed due to insufficient evidence of national importance, despite the economic and employment potential of the petitioner’s business. The endeavor, while valuable, does not meet the stringent requirements for a national interest waiver under the current immigration framework.

Reasoning:
The business’s projected impact is localized and does not extend to a national scale as required for the national interest waiver.

Download the Full Petition Review Here

Igbo Clifford
Igbo Clifford

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