Date of Decision: July 22, 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: The petitioner demonstrated qualification as an advanced degree professional by providing evidence of a degree in physical therapy from a university in Nigeria.
- Experience: The petitioner demonstrated at least five years of progressive experience in the field of physical therapy, substantiated by letters from former employers.
Criteria Not Met:
- Substantial Merit and National Importance: The petitioner did not provide sufficient evidence to show that her proposed endeavor had national importance. While her work in physical therapy was recognized, the documentation did not demonstrate the broader impact of her work on the U.S. healthcare system or policy.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide adequate evidence to show she was well-positioned to advance her proposed endeavor. The submitted documents did not convincingly demonstrate her capacity to significantly influence or advance the field of physical therapy.
Key Points from the Decision
Proposed Endeavor: The petitioner proposed to continue her work as a physical therapist in the United States, focusing on treating patients with various functional problems, including sports and work-related injuries, cardiorespiratory disorders, and neurological dysfunctions. She also aimed to educate other physiotherapists on proper techniques and manage therapy teams.
Substantial Merit and National Importance: The petitioner’s endeavor was recognized for its potential merit due to its focus on treating patients and reducing healthcare costs. However, the documentation did not show that her work had broader implications that would significantly impact the U.S. healthcare system at a national level.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process: The petitioner argued that her work would contribute to the U.S. healthcare system by improving patient care and reducing hospital readmissions. However, she did not provide sufficient evidence to support the claim that her contributions would justify waiving the labor certification process.
Supporting Evidence
The petitioner submitted her curriculum vitae, academic credentials, letters of support, and documentation of her professional achievements. These documents demonstrated her involvement in the field of physical therapy. However, the evidence did not sufficiently show that her contributions would have a substantial positive impact on the U.S. healthcare system or create significant job opportunities.
Inconsistencies in Proposed Endeavor
The petitioner’s assertions about her influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that her work had been widely adopted or recognized to the extent necessary to meet the national importance requirement.
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 claim of national importance.
Any Other Supporting Documentation: Included letters from colleagues and professionals, which praised her work but did not adequately demonstrate her significant impact in the field.
Conclusion
The appeal was dismissed. The petitioner did not meet the criteria for demonstrating that her proposed endeavor had national importance or that waiving the labor certification requirement would benefit the United States. The evidence was insufficient to support her claims of substantial impact and national significance.
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