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
- 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