Date of Decision: April 30, 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: Dentistry Specialist
Field: Dentistry
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner demonstrated substantial merit in the field of dentistry by proposing to enhance dental care access and hygiene.
- Well Positioned to Advance the Endeavor: The petitioner has a strong background and plans that support their capacity to advance their endeavor.
Criteria Not Met:
- National Importance: The Director concluded that the petitioner’s endeavor did not sufficiently demonstrate national importance as required by the Dhanasar framework.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to serve as a dental consultant, educator, and clinic operator, aiming to enhance the availability and quality of dental care and training in the United States.
Substantial Merit and National Importance:
While the endeavor was recognized for its merit in addressing dental care access and education, it was not considered of national importance due to the limited scope of impact demonstrated.
Supporting Evidence
The petitioner provided industry reports and articles to demonstrate the national importance of their endeavor, arguing for its potential to stimulate job growth and have economic impacts.
Inconsistencies in Proposed Endeavor
The appeal noted inconsistencies in the petitioner’s ability to demonstrate the broader national impact of their dental practices, particularly in underserved areas.
Supporting Documentation
Letters of Intent:
Not specified in detail
Business Plan:
Plans for establishing dental clinics in non-urban areas were outlined but lacked sufficient evidence of potential national impact.
Advisory Letter:
General support for the petitioner’s skills and background was noted, but specifics on the endeavor’s national importance were lacking.
Any Other Supporting Documentation:
Not detailed
Conclusion
The appeal was denied. The petitioner failed to adequately demonstrate that their proposed endeavor meets the criteria of national importance, despite showing substantial merit and personal qualifications.
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