remanded EB-2 NIW Case: Physical Therapy

U.S. Citizenship 
and Immigration 
Services 
In Re: 13904096 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : AUG . 11, 2021 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, 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. See Immigration and Nationality Act (the Act) 
section 203(b)(2), 8 U.S.C. § 1153(b)(2) . 
The Director of the Texas Service Center denied the petition, noting that "[a]fter the [P]etitioner has 
established ... eligibility for second preference classification under section 203(b)(2)(A) of the [Act], 
[U.S. Citizenship and Immigration Services] may grant a national interest waiver if the [P]etitioner 
demonstrates by a preponderance of evidence that [the criteria established in Matter of Dhanasar, 
26 I&N Dec. 884 (AAO 2016), have been satisfied]." The Director proceeded to conduct a Dhanasar 
analysis without first concluding whether the Petitioner qualifies for a second preference classification 
as a member of the professions holding an advanced degree. 1 
While we conduct de nova review on appeal, we conclude that a remand is warranted in this case 
because the Director's decision is insufficient for review. As presently constituted, the record does 
not establish whether the Petitioner qualifies as a member of the professions holding an advanced 
degree. See section 203(b )(2) of the Act. 
Accordingly, the matter will be remanded to the Director to conduct a final merits determination of 
the advanced degree issue and enter a new decision. The Director may request any additional evidence 
considered pertinent to the new determination and any other issue. As such, we express no opinion 
regarding the ultimate resolution of this case on remand. 
ORDER: The decision of the Director is withdrawn. The matter is remanded for further 
proceedings consistent with the foregoing analysis and entry of a new decision. 
1 Similarly, in a prior request for evidence (RFE), the Director noted that "[i]n order to establish eligibility , the [P]etitioner 
must establish that ... [she] qualifies for the requested classification ; and [ a ]n exemption from the requirement of a job 
offer, and thus of a labor certification , is in the national interest of the United States." However , the Director did not 
comment in the RFE whether the Petitioner qualifies for the requested second preference classification .