Date of Decision: JAN. 12, 2022
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: Denied
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit:
The Petitioner’s proposed work as a dental assistant or dental consultant has substantial merit due to the shortage of dental professionals in the U.S. and the lack of dental coverage for low-income populations.
Criteria Not Met:
National Importance:
The Petitioner did not demonstrate that her proposed work would have broader implications beyond the specific clinics she would work in.
Key Points from the Decision
Proposed Endeavor:
The Petitioner aims to continue working in the dentistry industry, initially as a dental assistant or consultant, and eventually as a licensed dentist, to help increase revenue and improve public health through her expertise in clinical dentistry and research.
Substantial Merit and National Importance:
The record supports that the Petitioner’s work has substantial merit due to the shortage of dental professionals and the impact on low-income populations. However, the work does not demonstrate national importance under the Dhanasar framework as it does not extend beyond the specific clinics.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The evidence did not show that the Petitioner’s work would have national importance or broader implications beyond her immediate work environment.
Supporting Evidence:
The Petitioner provided letters from two dentists indicating their intention to hire her, as well as articles and reports about the shortage of dental professionals and lack of dental coverage.
Inconsistencies in Proposed Endeavor:
The Petitioner’s proposed endeavor lacked detailed plans on how her work would have broader implications in the field of dentistry.
Supporting Documentation
Letters of Intent:
The letters from two dentists supported the Petitioner’s intent to work in Southern Florida but lacked specific details about her job duties and broader impact.
Conclusion
Final Determination:
The appeal was dismissed because the Petitioner did not meet the national importance requirement under the Dhanasar framework.
Reasoning:
The Petitioner did not demonstrate that her proposed work would have broader implications or national importance. The documentation provided did not establish that waiving the labor certification requirement would benefit the United States beyond her specific employment context.
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