NIW Bearings
dismissedJUL082024_17B52032024-07-08 · appeal · Texas Service Center

This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.

The petitioner, a physical therapist, proposed to establish a company providing clinical physiotherapy and post-surgical rehabilitation services, including motor rehabilitation, functional training, and respiratory/cardiorespiratory physical therapy for patients in the United States.

Field: physical therapy · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found petitioner qualifies for EB-2 as advanced degree professional; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

the Petitioner relies primarily on the importance of physical therapy as a valuable profession as well as the importance of physiotherapy interventions in certain medical conditions.
A local physical therapy business and a shortage of physical therapists in the United States does not render the proposed endeavor nationally important under the Dhanasar framework.
there is no explanation of the origins of the estimates or of how they were calculated
she has not provided evidence to establish that the area in which the company will operate is economically depressed
Generalized conclusory statements that do not identify a specific impact to the field have little probative value

AAO decision text

How the evidence was treated

  • business plan · discounted
    there is no explanation of the origins of the estimates or of how they were calculated
    AAO decision text
  • other · discounted
    Generalized conclusory statements that do not identify a specific impact to the field have little probative value
    AAO decision text
  • recommendation letter · ignored
    expert opinions are relied upon in determining whether an individual is well positioned to advance the proposed endeavor and not in demonstrating the national importance
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
2,501coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds

Notable

Petitioner argued that physical therapy's status as a Schedule A Group I shortage occupation warranted 'above average importance' in adjudication; AAO rejected this occupational-shortage argument as conflating occupation-level importance with the specific endeavor. AAO also noted expert letters were misapplied to prong 1 rather than prong 2.

Authorities this decision leans on

From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.

  • 8 C.F.R. 103.3
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles