Date of Decision: May 08, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Dental Surgery and Entrepreneurship
Petitioner Information
Profession: Dental Surgeon/Entrepreneur
Field: Dental Surgery
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Education and Experience: Demonstrated extensive experience and qualifications in dental surgery.
- Well-Positioned to Advance the Proposed Endeavor: Established eligibility for EB-2 classification; however, failed to demonstrate the national importance of the endeavor.
Criteria Not Met:
- National Importance: Did not establish that the dental clinic would have broad implications on a national level, influence substantial positive economic impacts, or significant potential for creating jobs for U.S. workers.
- Substantial Merit and National Importance: Insufficient evidence that the endeavor would broadly enhance societal welfare beyond the local level.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to open and expand a dental clinic focused on personalized treatment plans in South Carolina.
Substantial Merit and National Importance:
The appeal was dismissed as the petitioner failed to establish the national importance of her dental clinic, which was essential under the first prong of the Dhanasar framework.
Supporting Evidence
The petitioner submitted a business plan, educational credentials, and recommendation letters, which demonstrated her qualifications but did not convincingly argue the national scope of her business impact.
Inconsistencies in Proposed Endeavor
The projected impact of job creation and economic contribution was found to be unsubstantial at a national level, with average wages considered low for substantial economic effects.
Supporting Documentation
Business Plan:
Outlined intentions to open a dental clinic, but lacked credible projections on national economic contributions.
Conclusion
The appeal was denied. The petitioner did not successfully demonstrate that her dental clinic’s impact would extend significantly beyond its local presence to merit a national interest waiver.
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