Date of Decision: January 26, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Veterinary Dentistry
Petitioner Information
- Profession: Veterinary Dentist
- Field: Veterinary Dentistry
- Nationality: Not specified
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
- Criteria Met:
- Official Academic Record: Holds degrees in veterinary medicine and wildlife animal biology.
- Professional Experience: Over ten years in veterinary dentistry.
- Professional Certifications: Possesses certifications and a license in veterinary practice.
- Criteria Not Met:
- Exceptional Ability: The record lacks evidence distinguishing the Petitioner from others in her field to demonstrate a degree of expertise significantly above that ordinarily encountered.
- National Importance: While the endeavor has substantial merit, it does not demonstrate national importance.
Key Points from the Decision
- Proposed Endeavor:
- The Petitioner aims to continue her career in the United States as a veterinary dentist focusing on wildlife animals.
- Substantial Merit and National Importance:
- The application detailed the Petitioner’s substantial merit in her field but failed to connect her endeavors to national importance.
- Supporting Evidence:
- Included academic records, professional certifications, and proof of experience.
- Inconsistencies in Proposed Endeavor:
- The evidence did not sufficiently demonstrate that the Petitioner’s qualifications and achievements are beyond ordinary professional levels.
Supporting Documentation
- Letters of Intent: Not specified.
- Business Plan: Not specified.
- Advisory Letter: Included general endorsements from professional associations but lacked specific endorsements relevant to national interest.
Conclusion
- Final Determination: The appeal is dismissed due to insufficient evidence of exceptional ability and the inability to demonstrate national importance.
- Reasoning: The Petitioner failed to surpass the threshold of demonstrating exceptional ability as required, and the contributions were not considered impactful at a national level.
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