dismissed EB-2 NIW Case: Physical Therapy

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: SEPT. 27, 2024 In Re: 33963736 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a physical therapist, seeks second preference immigrant classification as a member of 
the professions holding an advanced degree, as well as a national interest waiver of the job offer 
requirement attached to this EB-2 classification. Immigration and Nationality Act (the Act) 
section 203(b )(2), 8 U.S.C. § 1 l 53(b )(2). 
The Director of the Texas Service Center denied the petition, concluding that the record does not 
establish the Petitioner qualifies as a member of the professions holding an advanced degree. The 
matter is now before us on appeal. 8 C.F.R. § 103 .3. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter ofChawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christa's, Inc., 26 I&N Dec. 537,537 n.2 (AAO 2015). Upon de novo review, 
we will dismiss the appeal. 
To qualify for the underlying EB-2 visa classification, a petitioner must establish they are an advanced 
degree professional or an individual of exceptional ability in the sciences, arts, or business. Section 
203(b )(2)(A) of the Act. If a petitioner demonstrates eligibility for the underlying EB-2 classification, 
they must then establish that they merit a discretionary waiver of the job offer requirement "in the 
national interest." Section 203(b)(2)(B)(i) of the Act. 
The sole issue on appeal is whether the Petitioner has established that she qualifies for EB-2 
classification as an advanced degree professional. 1 For the reasons discussed below, we agree with 
the Director's ultimate conclusion that she has not. 
An advanced degree is any United States academic or professional degree or a foreign equivalent 
degree above that of a bachelor's degree. A United States bachelor's degree or foreign equivalent 
degree followed by five years of progressive experience in the specialty is the equivalent of a master's 
degree. If a doctoral degree is customarily required for the specialty, the non-citizen must possess a 
U.S. doctorate or a foreign equivalent degree. 8 C.F.R. § 204.5(k)(2). 
1 The Petitioner does not claim, and the record does not establish , that she qualifies for EB-2 classification as an individual 
of exceptional ability . 
As an initial matter, upon de novo review and contrary to the Director's statements regarding the 
equivalency of the Petitioner's degree, the record does not establish that the Petitioner holds the foreign 
equivalent of a U.S. bachelor's degree. In cases involving foreign degrees, USCIS may favorably 
consider a credentials evaluation performed by an independent credentials evaluator who has provided 
a credible, logical, and well-documented case for an equivalency determination that is based solely on 
the individual's foreign degree(s). 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. See 6 USCIS Policy 
Manual E.9, https://www.uscis.gov/policy-manual/volume-6-part-e-chapter-9. 
The Petitioner provided a copy of her foreign diploma and transcripts, along with certified translations, 
which establish that she completed a physiotherapy course at._______________ __. 
Although the Petitioner also provided a credential evaluation stating that she 
possesses the equivalent of a U.S. bachelor's degree in exercise science, it is insufficient to support 
such a conclusion. For example, the evaluator, without explanation and without any official document 
including the term "bachelor," stated that "[s]he majored in Physiotherapy and was awarded a 
Bachelor's ( emphasis added) degree from the institute." The evaluator also listed many of the courses 
taken, concluding that the Petitioner "has satisfied the course work requirements which are 
substantially similar and equivalent to those required for the completion of a four-year Bachelor's 
Degree program at an accredited institution of higher education in the United States," but he did not 
indicate that her coursework was substantially similar to a U.S. bachelor's degree program in 
physiotherapy ( or even exercise science) or, more importantly, sufficiently explain the basis for this 
conclusion. Although the evaluator lists the Electronic Database for Global Education (EDGE), which 
we consider a reliable source of information on foreign credential equivalencies, as one of the 
evaluation resources, he does not specify which credential listed he relied upon and we were unable 
to find an entry that corresponds with the Petitioner's completion of a physiotherapy course. 2 In 
addition, the evaluator, an associate professor of supply chain management, has not established his 
qualifications to opine on the U.S. equivalency of the completed physiotherapy course. For all these 
reasons, the credential evaluation is not persuasive. Id. Where an opinion is not in accord with other 
information, or is in any way questionable, we may discount or give less weight to that evaluation. 
See Matter ofSea, Inc., 19 I&N Dec. at 820. 
Because the Petitioner has not established that she holds, at a minimum, the foreign equivalent of a 
U.S. bachelor's degree, she cannot qualify for EB-2 classification as an advanced degree professional. 
For this reason alone, the petition is not approvable. 
Turning to the Director's decision, they concluded that because the minimum educational requirement 
to be a physical therapist is a Doctor of Physical Therapy (DPT) degree, the Petitioner could not qualify 
as an advanced degree professional with a bachelor's degree plus five years of progressive experience. 
2 See https://www.aacrao.org/edge/country/credentials/brazil. EDGE is a web-based resource for the evaluation of foreign 
educational credentials created by the American Association of Collegiate Registrars and Admissions Officers 
(AACRAO). AACRAO is a professional association of higher education admissions and registration professionals who 
represent academic institutions located in over 40 countries. 
2 
On appeal, the Petitioner contends that "as an internationally educated physical therapist, the 
customary requirements for the petitioner's position within the proposed endeavor differs from U.S. 
educated physical therapists," and that since she is internationally educated, she is not required to 
possesses a DPT or a professional degree from a program accredited by the Commission on 
Accreditation in Physical Therapy Education to become licensed. However, the issue here is not 
whether the Petitioner is able to obtain a license in the United States. Rather, the issue is whether she 
meets the definition of advanced degree at 8 C.F.R. § 204.5(k)(2) which states, in pertinent part, that 
"[i]f a doctoral degree is customarily required by the specialty, the [non-citizen] must have a United 
States doctorate or a foreign equivalent degree." And according to the Occupational Outlook 
Handbook's "How to Become a Physical Therapist" section, "[p ]hysical therapists entering the 
profession need a Doctor of Physical Therapy (DPT) degree." Absent evidence that a doctoral degree 
is not customarily required for physical therapists, we cannot conclude that the Petitioner is exempt 
from holding the foreign equivalent of a U.S. doctorate. 
In light of the above, the Petitioner has not established that she qualifies as a member of the professions 
holding an advanced degree consistent with section 203(b )(2)(B)(i) of the Act; 8 C.F.R. §§ 204.5(k)(2) 
and (k)(3)(i). 
ORDER: The appeal is dismissed. 
3