Date of Decision: August 25, 2022
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: Medical Scientist
Field: Dentistry
Nationality:
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Criterion 1: The petitioner’s proposed endeavor was recognized as having substantial merit and national importance.
- Criterion 2: The petitioner qualified for the underlying EB-2 classification as an advanced degree professional.
Criteria Not Met:
- Criterion 1: The evidence did not establish that the petitioner is well positioned to advance the proposed endeavor.
- Criterion 2: The evidence did not establish that a waiver of the job offer requirement would be in the national interest.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to conduct research to understand human diseases, improve human health, and engage in clinical investigation. Specific activities included advising dental professionals, educating the public on oral health, training new dental professionals, and collaborating with international dentists.
Substantial Merit and National Importance:
The endeavor was considered to have substantial merit and national importance due to its potential impact on the dental field, addressing the shortage of dental professionals in underserved areas, and improving overall dental health in the United States.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner failed to provide sufficient evidence demonstrating that waiving the job offer requirement would be beneficial to the United States. The documentation did not show a direct and substantial impact on the U.S. economy or job creation at a national level.
Supporting Evidence:
The petitioner provided a business plan, letters of intent, and reference letters highlighting the importance of his work and the shortage of dental professionals. However, the evidence lacked specific details and corroboration on how the proposed endeavor would achieve the claimed national benefits.
Inconsistencies in Proposed Endeavor:
The petitioner’s proposed endeavor shifted focus between the initial filing and the response to the RFE, leading to inconsistencies in the described activities and objectives.
Supporting Documentation
Letters of Intent:
Provided but lacked detailed and specific evidence to substantiate the claims of national importance and substantial merit.
Business Plan:
Outlined the establishment of a dental clinic in Illinois, focusing on underserved populations, but lacked concrete steps and financial details to support the projected impact.
Advisory Letter:
Included but did not sufficiently address the economic impacts or job creation in a manner that supported national importance.
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not demonstrate eligibility for a national interest waiver due to inconsistencies in the proposed endeavor and insufficient evidence of national importance and the ability to advance the proposed work.
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