Date of Decision: January 29, 2024
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: Costa Rican
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Official academic record: Evidence includes an official academic record showing the Petitioner has a degree from a university in Costa Rica.
Criteria Not Met:
- Full-time experience: The Petitioner did not adequately demonstrate at least ten years of full-time experience as required.
- Professional associations: Membership in associations provided does not specifically relate to the physical therapist profession and does not demonstrate exceptional ability.
- Recognition for achievements: Evidence provided does not meet the regulatory standards for recognition of significant contributions to the field.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to utilize their skills as a physical therapist and nurse to benefit individuals at Illinois Spine, a chiropractic clinic, particularly focusing on elderly and underrepresented groups.
Substantial Merit and National Importance:
While the endeavor was considered to have substantial merit in the field of physical therapy, it was not deemed of national importance. The review failed to establish a significant national impact or a substantial positive economic effect from the proposed activities.
Supporting Evidence:
The Petitioner provided educational documents, personal statements, and letters of recommendation which outlined their qualifications and previous experience. However, these documents did not sufficiently demonstrate national importance or exceptional ability.
Inconsistencies in Proposed Endeavor:
The record lacked specific evidence that the duties performed by the Petitioner would have a broader impact on national health or the physical therapy field beyond the immediate clinical setting.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: Not applicable.
Any other supporting documentation: Not sufficiently detailed to establish the national importance of the Petitioner’s work.
Conclusion
Final Determination: The appeal is dismissed due to insufficient evidence to establish the national importance of the proposed endeavor and failure to meet the required evidentiary criteria for an EB-2 classification.
Reasoning:
The Petitioner did not provide adequate evidence to demonstrate that their work as a physical therapist would significantly impact the national interest, either through broad implications or economic benefits.
Download the Full Petition Review Here
