Date of Decision: September 5, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Physical Therapy and Entrepreneurship
Petitioner Information
- Profession: Physical Therapist and Entrepreneur
- Field: Physical Therapy and Entrepreneurship
- Nationality: Not Specified
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
The petitioner, a physical therapist and entrepreneur, sought classification under the EB-2 category as a member of the professions holding an advanced degree and requested a national interest waiver. The Director of the Texas Service Center denied the petition, concluding that the petitioner did not sufficiently demonstrate that waiving the job offer requirement would be in the national interest. The Administrative Appeals Office (AAO) reviewed and dismissed the appeal.
Key Points from the Decision
- Substantial Merit and National Importance: The petitioner proposed to develop and operate a physical therapy clinic in Florida with plans to expand to other states. The Director acknowledged the substantial merit of the proposed endeavor, noting the high demand for physical therapists in the U.S. However, the AAO found that the petitioner did not provide sufficient evidence to demonstrate the national importance of the endeavor. The business plan projected the creation of 62 jobs and revenue of $5.5 million by the fifth year, but the AAO noted that these projections were not supported by evidence. Additionally, the AAO found inconsistencies in the petitioner’s descriptions of her endeavor, making it unclear how the proposed work would have a broader impact on the U.S. economy or healthcare system.
- Well-Positioned to Advance the Proposed Endeavor: The AAO determined that the petitioner was not well-positioned to advance her proposed endeavor. The evidence provided, including letters of support and a business plan, did not demonstrate that the petitioner had achieved significant accomplishments in the field of physical therapy or had the necessary resources and qualifications to carry out her plans. The AAO also noted the lack of evidence showing progress in establishing the business or securing investment funding.
Conclusion
Final Determination: The appeal was dismissed because the petitioner did not establish that her proposed endeavor had national importance or that she was well-positioned to advance it. As a result, she did not qualify for a national interest waiver.
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