physical therapy
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The shortage of physical therapists makes the endeavor nationally important.
Evidence type: industry reports
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner has not provided sufficient evidence that his specific endeavor would resolve the shortage or that his endeavor would stand to provide substantial economic benefits in the United States.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The endeavor will have substantial positive economic effects, including hiring 33 employees and generating revenue.
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the Petitioner does not provide sufficient detail regarding the basis for these projections or adequately explain how the proposed staffing targets and revenue forecasts will be reached.”
page not extractedOpen source PDF
Petitioner argued: The proposed endeavor has national importance due to ripple effects and job creation.
Evidence type: business plan, industry reports
USCIS finding: INSUFFICIENT
“the evidence does not establish that working as physical therapist or operating a healthcare clinic will have broader implications or influence in the healthcare field that will rise to the level of national importance.”
Decision PDF, p. 2Open source PDF
Petitioner argued: The endeavor will be located in an SBA HUBZone, which is an economically depressed area.
Evidence type: business plan
USCIS finding: INSUFFICIENT
“Since the Petitioner has not adequately established what parameters the SBA considers when it establishes HUBZones, we cannot evaluate whether these SBA-identified underutilized business zones are akin to the types of economically depressed areas within which creating employment could be a potential positive economic effect.”
Decision PDF, p. 3Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
NOT_DISCUSSEDProng 3 — Balancing the Waiver's Benefits
NOT_DISCUSSEDWhat this decision can’t tell you
This decision comes from a case that was denied and then appealed. Every case here is in that position — it cannot be used to estimate an overall approval rate, and it cannot predict the outcome of any individual case, including yours. USCIS officers exercise discretion on facts that are never fully captured in a written decision.
This decision turned on national importance. Describe your own work and see which decisions discussed the same issue.
Describe your situation →Related decisions
Questions this raises for your lawyer
- On Prong 1 (substantial merit & national importance), USCIS found the petitioner's industry reports insufficient to establish that the shortage of physical therapists makes the endeavor nationally important.. What would make comparable evidence in my own case more persuasive?
- What in my own case most resembles the specific facts USCIS focused on in this decision?
- Would additional expert-opinion evidence have changed the outcome here, based on what USCIS said was missing?