Date of Decision: November 10, 2015
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: Chiropractic and Rehabilitation
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
- Ability to Pay Wage: The petitioner demonstrated the ability to pay the proffered wage of $65,000 per year through submitted financial documents, including the 2014 IRS Form 1120S and the Beneficiary’s 2014 Form W-2.
- Employment Status: The petitioner provided evidence from HIPAA and Medicare applications confirming the Beneficiary’s employment with the petitioner.
Criteria Not Met:
- Continuing Ability to Pay Wage (Initial): Initially, the petitioner did not provide sufficient financial documentation for 2014, leading to the denial.
- Contractual Employment Arrangement (Initial): Initially, the petitioner did not demonstrate a contractual employment arrangement with the Beneficiary.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to employ the Beneficiary as a physical therapist, contributing to the chiropractic and rehabilitation services provided by the center.
Substantial Merit and National Importance:
The appeal highlighted the importance of the Beneficiary’s role in the healthcare sector, especially in the context of physical therapy services.
Supporting Evidence
- Financial Documents: IRS Form 1120S for 2014, Beneficiary’s 2014 IRS Forms W-2, and 1040A.
- Employment Verification: HIPAA online service and Medicare application.
Inconsistencies in Proposed Endeavor:
No inconsistencies were noted in the proposed endeavor during the appeal process.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: Not applicable.
Any other supporting documentation:
The petitioner submitted sufficient financial information and employment verification documents to overcome the Director’s initial findings.
Conclusion
Final Determination: The appeal is sustained, and the petition is approved.
Reasoning: The petitioner provided sufficient evidence to demonstrate the Beneficiary’s eligibility for the classification sought, including the ability to pay the proffered wage and the Beneficiary’s employment status.
