Date of Decision: August 5, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Dentistry
Petitioner Information
Profession: Dentist
Field: Dentistry
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- None: The petitioner did not successfully demonstrate that the beneficiary met the required criteria for exceptional ability or advanced degree equivalence necessary for the waiver.
Criteria Not Met:
- Advanced Degree or Equivalence: The petitioner failed to establish that the beneficiary’s degree was equivalent to a U.S. doctorate in a field that customarily requires such a degree.
- National Importance: The petitioner did not provide sufficient evidence to demonstrate that waiving the job offer requirement would be in the national interest.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a dentist, proposed to work in the United States as a dentist and oral surgeon, contributing to the oral health of the American population. He also intended to validate his dentistry degree, obtain a U.S. license, and support dental clinics in administrative and strategic decision-making.
Substantial Merit and National Importance:
While the Director acknowledged the merit of the petitioner’s proposed endeavor, they concluded that the petitioner did not demonstrate its national importance. The evidence provided did not show that his work would significantly impact the broader U.S. healthcare system or the dental field at a national level.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that his work would address the shortage of dentists in the United States and improve public health. However, the Director found insufficient evidence to support these claims. The proposed work did not show substantial potential to employ U.S. workers or provide notable benefits that would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted various documents, including academic records, letters of intent, advisory opinion letters, and messages from prospective employers. However, these documents did not sufficiently demonstrate that his specific endeavor would have a significant national impact.
Inconsistencies in Proposed Endeavor:
The petitioner’s statements about the broader impact of his work were not supported by sufficient evidence to demonstrate its national importance. Additionally, there were discrepancies in the documentation of his experience and qualifications, particularly regarding his degree equivalence and eligibility to practice in the United States.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Provided but not sufficiently detailed to support the national importance of the petitioner’s work.
Any Other Supporting Documentation:
The petitioner provided letters from clients and an expert opinion letter, but these did not adequately demonstrate recognition for significant contributions to the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating exceptional ability or the national importance of his proposed endeavor and did not provide sufficient justification for waiving the labor certification process. The proposed work was deemed to have a limited impact beyond his direct business activities.
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