Date of Decision: November 27, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Healthcare Services
Petitioner Information
Profession: Physical Therapist
Field: Healthcare Services
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Timeliness of Motion:
The petitioner successfully demonstrated that the motion to reopen was timely filed within the regulatory period.
Criteria Not Met:
Advanced Degree:
The petitioner did not provide sufficient evidence to establish that the beneficiary holds a U.S. advanced degree or its foreign equivalent. The evaluation provided did not meet the regulatory requirements as it included coursework beyond the beneficiary’s master’s degree from India.
Key Points from the Decision
Proposed Endeavor:
The petitioner seeks to employ the beneficiary as a physical therapist in homecare locations, primarily focusing on providing healthcare services to patients in need of physical therapy.
Substantial Merit and National Importance:
The petitioner’s work in healthcare services has potential merit and national importance. The petitioner must ensure compliance with regulatory requirements for the notice of filing and demonstrate that the beneficiary meets the educational requirements for the EB-2 classification.
Supporting Evidence:
The petitioner submitted an evaluation from the Foreign Credentialing Commission on Physical Therapy, Inc. (FCCPT). However, the evaluation included additional coursework beyond the beneficiary’s master’s degree, which did not establish that the beneficiary holds a foreign equivalent degree above that of a baccalaureate.
Inconsistencies in Proposed Endeavor:
The evidence provided did not sufficiently demonstrate that the beneficiary meets the advanced degree requirement as defined by the regulations. The Director’s initial analysis required further review of the beneficiary’s credentials and compliance with the notice of filing requirements.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letters:
Not applicable.
Any other supporting documentation:
The petitioner may submit additional evidence, such as a complete description of job requirements and degree requirements for the proffered position, to establish eligibility for the requested classification.
Conclusion
Final Determination:
The decision was remanded for further consideration. The Director must reassess the petitioner’s eligibility for classification as an advanced degree professional under section 203(b)(2) of the Immigration and Nationality Act, ensuring compliance with the notice of filing requirements and proper evaluation of the beneficiary’s credentials.
Reasoning:
The petitioner successfully demonstrated the timeliness of the motion to reopen. However, the evidence provided did not adequately demonstrate that the beneficiary meets the advanced degree requirement. The case has been remanded for further review to determine whether the petitioner meets the eligibility requirements for a national interest waiver and the requested classification.
