Date of Decision: July 21, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Pediatric Dentistry
Petitioner Information
Profession: Pediatric Dentist
Field: Dentistry
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit and National Importance:
The Petitioner submitted sufficient evidence to establish that the work in pediatric dentistry has substantial merit and national importance.
Criteria Not Met:
Well Positioned to Advance the Proposed Endeavor:
The Director concluded that the Petitioner did not establish being well positioned to advance the proposed endeavor in pediatric dentistry.
On Balance, Beneficial to Waive Labor Certification:
The Director found that the Petitioner did not demonstrate that waiving the job offer and labor certification requirements would be beneficial to the United States.
Key Points from the Decision
Proposed Endeavor:
The Petitioner’s proposed endeavor involves advancements and contributions in the field of pediatric dentistry.
Substantial Merit and National Importance:
The work in pediatric dentistry was acknowledged to have substantial merit and national importance.
On Balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The Director did not find sufficient evidence that waiving the labor certification would be beneficial on balance. The matter was not adequately addressed in the initial decision.
Supporting Evidence
Letters of Intent:
Provided evidence of intent to work and contribute to the field of pediatric dentistry.
Business Plan:
Outlined the goals and future contributions in pediatric dentistry.
Advisory Letter:
Included supportive letters from experts in the field.
Inconsistencies in Proposed Endeavor
The Director noted inconsistencies between the initially mentioned field of physics (astrophysicist) and the actual field of pediatric dentistry.
Supporting Documentation
Letters of Intent:
Detailed intent to work in pediatric dentistry and contribute to the field.
Business Plan:
Outlined strategic plans and expected contributions to pediatric dentistry.
Advisory Letter:
Provided expert opinions and endorsements of the petitioner’s work and contributions.
Conclusion
Final Determination: The appeal was remanded. The Director’s decision was withdrawn, and the matter was remanded for further analysis consistent with the substantial merit and national importance of the proposed endeavor in pediatric dentistry.
Reasoning:
The initial decision failed to adequately address the proposed endeavor’s substantial merit and national importance in pediatric dentistry. Therefore, a new decision is required.
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