NIW Bearings
dismissedSEP272024_04B52032024-09-27 · 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, sought EB-2 classification with a national interest waiver, though the endeavor itself was not reached because the case failed at the threshold degree-qualification stage.

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

EB-2 threshold — not met

The Petitioner failed to establish she holds even a foreign equivalent of a U.S. bachelor's degree, and separately failed to show she holds the equivalent of the U.S. doctorate (DPT) customarily required for physical therapists.

How the evidence was treated

  • degree · discounted
    Opinions rendered that are merely conclusory and do not provide a credible roadmap that clearly lays out the basis for the opinions are not persuasive.
    AAO decision text

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Notable

The AAO never reached the NIW prongs; the appeal was decided entirely on the threshold EB-2 advanced-degree requirement. The AAO found the credential evaluator unqualified (an associate professor of supply chain management opining on a physiotherapy course) and rejected the Petitioner's argument that foreign-trained physical therapists are exempt from the U.S. doctoral-equivalency requirement because they need not hold a DPT to obtain a U.S. license.

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