EB-2 NIW USCIS Appeal Review – Dentist – MAR102023_04B5203

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.

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