NIW Bearings
dismissedMAR142025_04B52032025-03-14 · 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 proposed to operate a pediatric physical therapy consulting firm providing trainings and early interventions for children with disabilities, aiming to improve healthcare outcomes and address a shortage of pediatric specialists.

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

EB-2 threshold — not met

AAO noted the Petitioner's Brazilian two-year master's degree may not satisfy the advanced degree requirement because physical therapists customarily require a doctor of physical therapy degree per the OOH; this issue was reserved and not dispositive.

Prong 1 — national importancenot established · dispositive

The Petitioner must establish the national importance of her proposed endeavor rather than the importance of pediatric physical therapy field.
We agree with the Director that the Petitioner has not established that the impact of her proposed endeavor extends beyond her future clients to impact the field of pediatric physical therapy at a level commensurate with national importance.
We also conclude that the Petitioner has not provided independent, corroborating evidence to support her claims that her trainings, or other work of her firm, would create broader impact on the field or economic effects.
She did not, for example, support these claims with evidence such as documents regarding potential partners and possible clients.

AAO decision text

How the evidence was treated

  • degree · discounted
    physical therapists entering the occupation must have a doctor of physical therapy degree
    AAO decision text
  • other · discounted
    did not... support these claims with evidence such as documents regarding potential partners and possible clients
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • 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

AAO reserved but flagged an unaddressed threshold EB-2 issue (master's degree vs. doctorate requirement for physical therapists per OOH) as a matter the Petitioner should address in future filings, despite finding it not dispositive.

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
  • 8 C.F.R. 204.5(k)(2)
  • INA 203(b)(2)

Cases in adjacent profiles