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.
Petitioner initially proposed to work as a physical therapist, and later, in RFE response, described a broader plan involving developing new physiotherapeutic methods, home care programs, professional training, and clinical assistance for COVID-19 recovery patients.
Field: physical therapy · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner did not establish she holds a DPT or foreign equivalent doctorate, which is required for the physical therapy profession per the regulation; a combination of bachelor's degree and experience is not permitted when a doctoral degree is customarily required. Credential evaluations were inconsistent and one evaluator's report found her education did not meet Florida licensing requirements.
How the evidence was treated
- degree · discounted
“the record does not show that the Petitioner holds a "U[.]S[.] doctorate or a foreign equivalent degree," as required by the regulation”
AAO decision text - other · discounted
“neither the diploma, nor the accompanying translation, use the term "bachelor's degree"”
AAO decision text - other · discounted
“[the Petitioner]'s education does not appear to meet the requirements of the Florida rule at the time of graduation”
AAO decision text - other · discounted
“A petitioner may not make material changes to a petition in an effort to make a deficient petition conform to USCIS requirements”
AAO decision text
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Notable
The threshold EB-2 classification failure (lack of required DPT-equivalent doctorate) was dispositive, rendering the NIW prongs moot; AAO nonetheless flagged that the RFE response impermissibly changed the proposed endeavor from 'physical therapist' to a broader professional plan, citing Matter of Izummi and Michelin Tire Corp. on material change issues, though it did not formally analyze the Dhanasar prongs.
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. 103.2(b)(1)
- 8 C.F.R. 103.2(b)(12)
- 8 C.F.R. 103.2(b)(8)
- 8 C.F.R. 204.5(k)(2)
- INA 203(b)(2)
- INA 291
- Matter of Izummi
- Matter of Katigbak
- Matter of R-A-M-
Cases in adjacent profiles
- The Petitioner, a pharmacist, proposed to work in the United States through her own company providing pharmaceutical reg
- The Petitioner, a Brazilian-trained physiotherapist, proposed to work as a physical therapist and entrepreneur in the Un
- The Petitioner, a resident physician in New York holding a Chinese bachelor of medicine (MBBS) degree found equivalent t
- The Petitioner, a music therapist, proposed to establish and expand music therapy services and community music programs
- The Petitioner, a physical therapist, proposed to work as a physical therapist in the United States while operating his