Date of Decision: August 23, 2021
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: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Qualification: The petitioner holds a foreign equivalent of a U.S. baccalaureate degree in physical therapy.
Criteria Not Met:
- Substantial Merit and National Importance: The petitioner did not provide sufficient evidence that his proposed endeavor had substantial merit and national importance.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not sufficiently demonstrate that he is well-positioned to advance his proposed endeavor in physical therapy.
- At Least Five Years of Post-Baccalaureate Experience: The petitioner did not establish at least five years of progressive, post-baccalaureate experience in physical therapy.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a physical therapist, proposed to continue working in his field of expertise, aiming to enhance the physical well-being of his patients through advanced physical therapy techniques. His goal was to contribute to the field by providing high-quality physical therapy services and training other therapists in innovative treatment methods.
Substantial Merit and National Importance:
While the petitioner’s endeavor in physical therapy holds merit, the Director concluded that he did not demonstrate its national importance. The evidence provided did not show that his work would significantly impact the broader U.S. healthcare landscape or contribute substantially to national interests in health and wellness.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that his work would improve the quality of physical therapy services in the U.S. and benefit public health. However, the Director found insufficient evidence to support these claims. The proposed work did not show substantial potential to employ U.S. workers or provide notable national benefits that would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted a personal statement, employer letters, and letters from patients. However, these documents did not sufficiently demonstrate that his specific endeavor would have a significant national impact or that he is well positioned to advance the proposed endeavor.
Inconsistencies in Proposed Endeavor:
The petitioner’s statements about the broader impact of his work were not supported by sufficient evidence to demonstrate its national importance. Additionally, the evidence did not show that his proposed endeavor would significantly extend beyond his direct activities in physical therapy.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Provided but not sufficiently detailed to support the national importance of the petitioner’s work.
Any Other Supporting Documentation:
Included letters from employers and patients. These did not adequately demonstrate the national importance of his work.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating the national importance of his proposed endeavor and did not provide sufficient justification for waiving the labor certification process. The proposed work was deemed to have limited impact beyond his direct physical therapy activities.
Download the Full Petition Review Here
