Date of Decision: February 9, 2024
Service Center: Texas 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: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Exceptional Ability: The petitioner was recognized for her exceptional ability in the field of dentistry.
- Employment Background: Previous successful positions in the dental field.
Criteria Not Met:
- National Importance: The petitioner failed to demonstrate that her proposed endeavor as a dental surgeon has national importance.
- Economic Impact: Insufficient evidence of significant potential to employ U.S. workers or substantial positive economic effects.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to address the shortage of dental health professionals in the U.S., enhancing oral health through various specialized services in aesthetic dentistry, dental prosthesis, and more.
Substantial Merit and National Importance:
While the endeavor was deemed of substantial merit, the petitioner did not sufficiently prove its national importance or prospective national impact, crucial under the first prong of the Dhanasar framework.
Supporting Evidence:
The petitioner provided reference letters and potential job opportunity correspondences, but these were insufficient to demonstrate the broader national impact or economic benefits required.
Inconsistencies in Proposed Endeavor:
Lack of clarity on whether the endeavor would be pursued through self-employment or within a company, and an insufficient display of economic impact or job creation plans.
Supporting Documentation
Letters of Intent:
Evidence of potential job opportunities was noted but lacked sufficient detail regarding economic impact or job creation.
Business Plan:
Not applicable.
Advisory Letter:
An expert opinion from a university associate professor highlighted the importance of the dental industry but did not substantiate the national importance of the petitioner’s specific endeavor.
Other Documentation:
General references praised the petitioner’s skills but did not support the national importance or economic impact of the proposed work.
Conclusion
Final Determination:
The appeal was dismissed due to insufficient evidence of the national importance of the petitioner’s proposed endeavor, failing to meet the required criteria for a national interest waiver.
Reasoning:
The decision focused on the lack of national impact and economic benefits, which are critical to establishing the national interest waiver under current USCIS frameworks.
