Date of Decision: June 15, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Fitness and Health Coaching
Petitioner Information
Profession: Fitness Specialist
Field: Fitness and Health Coaching
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Certification in the Field: The petitioner met the criteria for certification in his profession, with certificates from recognized fitness organizations including the National Personal Training Association (NPTA), the International Federation of Body Builders (IFBB), and the American Sports and Fitness Association (ASFA).
Criteria Not Met:
Institution of Learning: The petitioner failed to prove that the institutions from which he received his certifications were equivalent to institutions of higher learning, as required by the criteria. The organizations were recognized as occupational certification programs rather than colleges or universities.
Professional Association Membership: Although the petitioner was a member of several associations, such as the National Physique Committee (NPC) and the International Association of Coaching (IAC), these memberships did not meet the criteria for professional associations since they did not require a bachelor’s degree or equivalent for membership.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to work as a fitness specialist in the United States, offering services such as personal training, nutritional planning, and health coaching. He aimed to expand his client base and continue developing his methods for improving clients’ fitness and health. Despite his intentions, the petitioner did not provide sufficient evidence that his work would extend beyond personal benefits to his clients and have a broader impact on the fitness industry or public health.
Substantial Merit and National Importance:
While the petitioner’s work in fitness and health coaching may have substantial merit, the Administrative Appeals Office (AAO) concluded that the proposed endeavor did not meet the criteria for national importance. The petitioner’s work primarily benefited individual clients rather than contributing to significant advancements in the field of fitness or public health.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not meet the second prong of the Dhanasar framework, which is crucial for the approval of the national interest waiver request. The AAO determined that waiving the labor certification process was not justified based on the evidence provided.
Supporting Evidence:
The petitioner submitted various documents, including certifications, letters of support, and evidence of his professional achievements. However, these were insufficient to demonstrate that his work had national importance or that he was well-positioned to advance his proposed endeavor.
Inconsistencies in Proposed Endeavor:
The petitioner’s proposed endeavor lacked the necessary details to demonstrate its impact beyond personal client interactions. Additionally, the evidence provided did not align with the standards required to establish national importance.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Included but focused on the petitioner’s personal achievements rather than his contributions to the field.
Any Other Supporting Documentation:
Included certifications and letters of support, which were insufficient to meet the national importance requirement.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that his proposed work as a fitness specialist would have a significant national impact. The evidence provided was insufficient to support claims of substantial merit and national importance.
