Date of Decision: March 8, 2023
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: Restorative Dentistry
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: The petitioner demonstrated a degree of expertise significantly above that ordinarily encountered in the field of dentistry.
Criterion 2: The petitioner’s proposed endeavor has substantial merit and national importance, focusing on finding a substitute for PMMA, which has various advantages in dental applications.
Criteria Not Met:
Criterion 1: The petitioner did not establish that her degree from the foreign institution is equivalent to an advanced degree from an accredited U.S. college or university.
Criterion 2: The petitioner did not provide sufficient evidence of progressive post-degree experience in the dental field.
Key Points from the Decision:
The petitioner initially proposed an endeavor focused on medical research, specifically in dental materials.
The response to the RFE presented a new endeavor related to managing a dental training academy, which was deemed a material change.
Proposed Endeavor
Summary of the Petitioner’s proposed endeavor and activities:
The petitioner initially proposed to engage in research aimed at developing a substitute for PMMA, a material used in dental applications, which would be lighter, thinner, more aesthetic, less osteoclast, faster regenerating, and cheaper to manufacture.
Substantial Merit and National Importance:
The initial proposed endeavor in medical research holds substantial merit and national importance due to its potential impact on dental materials and practices.
The Director’s decision focused on the second proposed endeavor, which was a change in the petitioner’s focus and not consistent with the original petition.
Supporting Evidence:
Letters of intent, advisory letters, and the petitioner’s curriculum vitae were provided.
The evidence included a letter from the University of Medical Sciences confirming her educational background, though it was insufficient to establish U.S. equivalency for an advanced degree.
Inconsistencies in Proposed Endeavor:
The change from a research-focused endeavor to managing a dental training academy was considered a material change and not permissible.
Supporting Documentation
Letters of Intent:
The petitioner provided letters of intent from institutions and individuals supporting her initial research proposal.
Business Plan:
Not applicable to the initial proposed endeavor.
Advisory Letter:
Advisory letters corroborated the petitioner’s expertise and the significance of her research proposal.
Any other supporting documentation:
The petitioner included various documents to support her qualifications and proposed endeavor.
Conclusion
Final Determination:
The Director’s decision was withdrawn, and the case was remanded for a new decision focusing on the initial proposed endeavor in dental research.
Reasoning:
The petitioner’s initial proposed endeavor in dental research demonstrated substantial merit and national importance.
The petitioner’s qualifications and the potential impact of her proposed research justify further consideration under the EB-2 NIW criteria.
