Date of Decision: May 30, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Physical Therapy
Petitioner Information
Profession: Physical Therapy Specialist
Field: Healthcare and Physical Therapy
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree Professional: The petitioner was recognized as holding an advanced degree or equivalent, qualifying her under the EB-2 visa classification.
Criteria Not Met:
National Importance: The petitioner failed to establish that her proposed endeavor was of national importance, as required for a national interest waiver under the Dhanasar framework.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to enhance healthcare outcomes by applying her expertise in physical therapy at a U.S. healthcare facility. She proposes to provide expert care to patients and potentially educate new physical therapists, which could contribute to alleviating the national shortage of qualified professionals in this field.
Substantial Merit and National Importance:
While her work in physical therapy was recognized for its substantial merit, especially in enhancing patient care and potentially reducing healthcare costs, the petitioner did not successfully demonstrate how her specific activities would address broader national challenges or result in widespread benefits beyond her immediate clinical setting.
Supporting Evidence:
Academic Qualifications: The petitioner submitted certifications and academic records confirming her specialized training in respiratory physical therapy and intensive care.
Professional Recommendations: Colleagues and healthcare professionals provided letters praising her clinical skills and contributions to patient care, though these focused more on personal endorsements rather than the national impact of her work.
Inconsistencies in Proposed Endeavor:
The petitioner’s application did not clearly delineate how her day-to-day activities would translate into national benefits or align with broader policy objectives, such as those aimed at significantly improving the U.S. healthcare system.
Supporting Documentation
Letters of Intent:
Not specifically mentioned, indicating a lack of solid commitments or detailed plans regarding her proposed contributions that could be evaluated for national impact.
Business Plan:
Lacks a comprehensive plan demonstrating how her therapeutic techniques and educational initiatives would systematically address the national shortage of physical therapists or lead to broader industry advancements.
Advisory Letter:
Supportive but lacking sufficient detail on how her contributions would fulfill national interest criteria beyond personal clinical achievements.
Conclusion
The final determination to dismiss the appeal was based on the insufficient demonstration of how the petitioner’s work would satisfy the stringent requirements for a national interest waiver. Despite her qualifications and the recognized merit of her profession, the lack of a detailed, impact-oriented professional plan failed to meet the high standard set by the Dhanasar framework for establishing national importance.
