Date of Decision: March 26, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Healthcare
Petitioner Information
Profession: Physical Therapist
Field: Physical Therapy and Home Healthcare
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Impact on Industry: The petitioner claimed that her endeavor would impact the physical therapy and home healthcare industry.
- Economic Effects: Asserted potential positive economic effects through employment opportunities for U.S. workers.
Criteria Not Met:
- National Importance: Did not demonstrate that the endeavor would extend significantly beyond her own company and clientele to impact the industry nationally.
- Substantial Positive Effects: Lacked sufficient evidence that her undertaking would offer substantial positive economic effects nationally.
Key Points from the Decision
Proposed Endeavor:
- The petitioner’s endeavor involved activities within her company, aimed at impacting physical therapy and home healthcare sectors.
Substantial Merit and National Importance:
- The AAO agreed with the Director that the petitioner had not demonstrated that her endeavor had significant national importance or potential to employ U.S. workers at a substantial level. The evidence provided did not extend beyond her immediate professional circle.
Supporting Evidence
- The petitioner’s supporting evidence was deemed insufficient to warrant a national interest waiver. Key documents and evidence discussed in the petition were not considered adequate by USCIS to meet the required criteria.
Inconsistencies in Proposed Endeavor
- The petitioner failed to specifically address or rectify the deficiencies noted by USCIS in their initial decision, particularly in demonstrating the broad impact and economic benefits of her proposed endeavor.
Supporting Documentation
Letters of Intent:
- Not specified in the record.
Business Plan: - Not specified or detailed in the appellate decision.
Advisory Letter: - No detailed advisory letters that align with USCIS requirements were mentioned.
Any Other Supporting Documentation: - General claims made without substantial supportive documentation or specifics that could sway the appellate decision.
Conclusion
Final Determination: The appeal was denied. The petitioner did not adequately demonstrate how her proposed endeavor met the criteria for national interest as outlined by USCIS guidelines. The lack of specific, substantial evidence and the inability to address previous deficiencies led to the dismissal of her appeal.
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