This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.
Proposed Endeavor
The petitioner proposes to perform as a Sports and Exercise Physiologist, providing specialized services in Health Promotion and Rehabilitation and Sports and Strength Training. This includes innovating the field of exercise physiology through scientific preparation of physical conditioning and rehabilitation programs, accurate diagnosis of client needs, and assistance to individuals with special conditions, as well as providing training on preventing and treating chronic diseases through advanced training methodologies. The petitioner will design and implement exercise programs, apply stress tests and other evaluation tools, and develop individualized exercise prescriptions, also working with amateur and professional athletes.
Framework Evaluation
0 of 3 criteria met
1The proposed endeavor has both substantial merit and national importanceNot Met
The proposed endeavor was found to have substantial merit due to its alignment with national health initiatives, but it failed to demonstrate national importance by not showing broader impact or substantial positive economic effects beyond local business growth.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under the first prong of the Dhanasar framework. While substantial merit was shown, the petitioner did not demonstrate how the endeavor's impact would extend beyond clients to the broader field or generate substantial positive economic effects, despite projecting job creation (6-20 jobs by 2029) and revenues ($265,000-$3,600,000 by 2029). The second and third Dhanasar prongs were not reached.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE requested further evidence regarding the national interest aspect of the petition, covering all three Dhanasar prongs. The petitioner responded with a business plan outlining expansion into Pennsylvania and and New Jersey, projecting job creation and revenue, and claiming alignment with national health initiatives and potential economic revitalization in disadvantaged areas.
RFE Targets
The proposed endeavor has both substantial merit and national importanceprong 2prong 3
The petitioner proposes to work as an exercise physiologist focusing on the rehabilitation of musculoskeletal injuries and diseases. He intends to create tailored exercise programs for healthy and vulnerable populations, evaluating metrics such as posture, movement, flexibility, and cardio-respiratory fitness.
The Petitioner proposes to work as an exercise physiologist and establish related businesses in the United States. This includes providing services such as personal training, bodybuilding training, sports exercise psychology, and clinical exercise psychology, with the goal of empowering individuals in weight loss and inspiring participation in sports activities. He plans to build a network, travel throughout the United States (including economically distressed areas), and establish fitness centers, wellness clinics, and related businesses.
The petitioner proposes to operate a wellness clinic to promote exercise physiology as a fundamental component for treating chronic and complex health conditions. She aims to collaborate with insurance companies and healthcare providers to integrate physical activity into standard healthcare models.
The petitioner proposes to operate a fitness company featuring bodybuilding, dance, and team sports, offering individual and group exercise classes for individuals of all ages and fitness levels, including those with special needs, disabilities, and chronic health conditions.
Frequently Asked Questions
A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.
