Date of Decision: MAR. 10, 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: Dentistry
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed as moot
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree Professional: The Director concluded that the Petitioner qualified for the requested visa category as an advanced degree professional.
Criteria Not Met:
National Interest: The Director concluded that the Petitioner did not demonstrate his proposed employment to be in the national interest.
Key Points from the Decision
Proposed Endeavor: The Petitioner, a dentist, sought immigrant visa classification as a member of the professions holding an advanced degree or a noncitizen of exceptional ability. He also requested a waiver of the visa category’s normal job-offer requirement, which USCIS has discretion to grant if it is “in the national interest.”
Substantial Merit and National Importance: The Director did not find the Petitioner’s proposed endeavor to be in the national interest, which was a key reason for the denial.
Supporting Evidence: The evidence provided by the Petitioner was insufficient to demonstrate that his proposed employment was in the national interest.
Inconsistencies in Proposed Endeavor: On appeal, the Petitioner contended that the Director erred in finding that he materially altered his proposed endeavor.
Supporting Documentation
Letters of Intent: Not specified
Business Plan: Not specified
Advisory Letter: Not specified
Any other supporting documentation: Not specified
Conclusion
Final Determination: The appeal is dismissed as moot.
Reasoning: USCIS records indicate that, in December 2022, while this appeal was pending, the Petitioner adjusted his status to that of a lawful permanent resident as his spouse’s derivative. Thus, this appeal no longer appears to retain practical significance.