dismissed EB-2 NIW Case: Dentistry

U.S. Citizenship 
and Immigration 
Services 
In Re: 13904076 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : AUG . 11, 2021 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a dentist, seeks second preference immigrant classification as a member of the 
professions holding an advanced degree, as well as a national interest waiver of the job offer 
requirement attached to this EB-2 classification. See Immigration and Nationality Act (the Act) 
section 203(b)(2), 8 U.S.C. § 1153(b)(2) . 
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualified 
for classification as a member of the professions holding an advanced degree but that the Petitioner 
had not established that a waiver of the required job offer, and thus of the labor certification, would 
be in the national interest. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. 
Section 291 of the Act, 8 U.S .C. § 1361. Upon de nova review, we will dismiss the appeal. 
I. LAW 
To establish eligibility for a national interest waiver, a petitioner must first demonstrate qualification 
for the underlying EB-2 visa classification, as either an advanced degree professional or an individual 
of exceptional ability in the sciences arts or business. Because this classification requires that the 
individual's services be sought by a U.S. employer, a separate showing is required to establish that a 
waiver of the job offer requirement is in the national interest. 
Section 203 (b) of the Act sets out this sequential framework: 
(2) Aliens who are members of the professions holding advanced degrees or aliens of 
exceptional ability. -
(A) In general. - Visas shall be made available ... to qualified immigrants who 
are members of the professions holding advanced degrees or their 
equivalent or who because of their exceptional ability in the sciences, arts, 
or business, will substantially benefit prospectively the national economy, 
cultural or educational interests, or welfare of the United States, and whose 
services in the sciences, arts, professions, or business are sought by an 
employer in the United States. 
(B) Waiver ofjob offer-
(i) National interest waiver. ... the Attorney General may, when the 
Attorney General deems it to be in the national interest, waive the 
requirements of subparagraph (A) that an alien's services in the 
sciences, arts, professions, or business be sought by an employer in the 
United States. 
While neither the statute nor the pertinent regulations define the term "national interest," we set forth 
a framework for adjudicating national interest waiver petitions in the precedent decision Matter of 
Dhanasar, 26 I&N Dec. 884 (AAO 2016). 1 Dhanasar states that, after a petitioner has established 
eligibility for EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) may, as a 
matter of discretion, grant a national interest waiver if the petitioner demonstrates: ( 1) that the foreign 
national's proposed endeavor has both substantial merit and national importance; (2) that the foreign 
national is well positioned to advance the proposed endeavor; and (3) that, on balance, it would be 
beneficial to the United States to waive the requirements of a job offer and thus of a labor certification. 
The first prong, substantial merit and national importance, focuses on the specific endeavor that the 
foreign national proposes to undertake. The endeavor's merit may be demonstrated in a range of areas 
such as business, entrepreneurialism, science, technology, culture, health, or education. In 
determining whether the proposed endeavor has national importance, we consider its potential 
prospective impact. 
The second prong shifts the focus from the proposed endeavor to the foreign national. To determine 
whether he or she is well positioned to advance the proposed endeavor, we consider factors including, 
but not limited to: the individual's education, skills, knowledge and record of success in related or 
similar efforts; a model or plan for future activities; any progress towards achieving the proposed 
endeavor; and the interest of potential customers, users, investors, or other relevant entities or 
individuals. 
The third prong requires the petitioner to demonstrate that, on balance, it would be beneficial to the 
United States to waive the requirements of a job offer and thus of a labor certification. In performing 
this analysis, USCIS may evaluate factors such as: whether, in light of the nature of the foreign 
national's qualifications or the proposed endeavor, it would be impractical either for the foreign 
national to secure a job offer or for the petitioner to obtain a labor certification; whether, even assuming 
that other qualified U.S. workers are available, the United States would still benefit from the foreign 
national's contributions; and whether the national interest in the foreign national's contributions is 
sufficiently urgent to warrant forgoing the labor certification process. In each case, the factor(s) 
1 In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department of 
Transportation, 22 l&N Dec. 215 (Act. Assoc. Comm'r 1998) (NYSDOT). 
2 
considered must, taken together, indicate that on balance, it would be beneficial to the United States 
to waive the requirements of a job offer and thus of a labor certification. 2 
II. ANALYSIS 
The Director found that the Petitioner qualifies as a member of the professions holding an advanced 
degree. Although the Director found substantial merit in the proposed endeavor in the field of 
dentistry, the Director concluded that the record does not establish that the Beneficiary's endeavor has 
national importance. The Director also concluded the record did not satisfy the second and third 
Dhanasar prongs. For the reasons discussed below, the Petitioner has not established that a waiver of 
the requirement of a job offer is warranted. 
The Petitioner initially described the endeavor as a plan "to advance his career as a [d]ental 
[r]esearcher, developing the field of dentistry by utilizing his expertise in dental science, as well as his 
entrepreneurial abilities, to improve the efficiency of dentistry that will enhance the United States 
economy substantially." The Petitioner also described his responsibilities "[i]n his role as a [ d]ental 
[s]urgeon and [r]esearcher" with a bullet-point list substantially consisting oflanguage that matches 
verbatim the O*NET Online summary report for the general duties of positions in the dentist 
occupational category, as follows: 
• Formulat[ing] plans of treatment for patient's teeth and mouth tissue; 
• [Researching and helping to d]iagnose and treat diseases, injuries, or malformations 
of teeth, gums, or related oral structures and provide preventive or corrective 
services; 
• Plan, organize, and maintain dental health programs; 
• Advise or instruct[ing] patients regarding preventive dental care, the causes and 
treatment of dental problems, or oral health care services; [and] 
• Produce or evaluat[ing] dental health educational materials. 3 
We note that the Petitioner added three similar duties to those that match the O*NET Online summary 
report's general duties, as follows: 
• Consulting with other professionals, such as restorative dentists and orthodontists, 
to plan treatment; 
• Help to identify infections of the oral cavity, salivary glands, jaws, and neck; [and] 
• Lecture on different areas within the [ d]ental [ m ]edicine field. 
The verbatim language from the O*NET summary report does not establish what the specific endeavor 
would entail, beyond matching the generalized tasks of positions in the same occupational category, 
nor does it establish how the proposed endeavor may have national importance. Likewise, the three 
additional duties generally reiterate the O*NET duties. 
2 See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
3 See O*NET OnLine Summary Report for "29-1021.00 - Dentists, General," https://www.onetonline.org/link/ 
summary/29-1021.00 (last visited Aug. 11, 2021). 
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The Petitioner further stated that "his knowledge and skills obtained as a [ d]ental [ s ]urgeon in Brazil 
... will be able to help the U.S. on an issue of national importance." In response to the Director's 
request for evidence, the Petitioner reiterated that he would "offer my expertise to help in the treatment 
and care of patients, while also teaching others in my field, and helping with the administrative tasks 
of operating a dental clinic and practice" and "use my position in the dental field to educate society on 
the importance of good dental care, and dental practices." 
In the decision, the Director concluded the record does not establish that the proposed endeavor has 
national importance, observing that "[t]he record does not demonstrate that [the Petitioner's] dental 
practice will offer benefits that extend beyond his immediate employment to impact the field of 
dentistry more broadly." 
On appeal, the Petitioner summarizes his expertise in dentistry and his prior career accomplishments 
in Brazil. The Petitioner also asserts that he will "work in an industry that already has a substantial 
impact on the U.S. economy, [and] he will enhance the country's national interests by promoting field­
wide standards and policies to improve major national concerns." The Petitioner also cites reports of 
a shortage of both capable dental workers and access to affordable dental care in the United States, in 
general. The Petitioner reiterates that oral health may be related to other health problems, such as 
cardiovascular disease. The Petitioner asserts on appeal that the "endeavor is national in scope, and 
will have broad implications in the healthcare field, as his dental activities relate to a matter of national 
importance and impact, particularly because of the ripple effects upon communities and citizens in the 
United States." 
In determining national importance, the relevant question is not the importance of the industry, field, 
or profession in which an individual will work; instead, to assess national importance, we focus on the 
"specific endeavor that the foreign national proposes to undertake." See Dhanasar, 26 I&N Dec. 
at 889. Dhanasar provided examples of endeavors that may have national importance, as required by 
the first prong, having "national or even global implications within a particular field, such as those 
resulting from certain improved manufacturing processes or medical advances" and endeavors that 
have broader implications, such as "significant potential to employ U.S. workers or has other 
substantial positive economic effects, particularly in an economically depressed area." Id. at 889-90. 
The proposed endeavor of working in a dental facility to provide expert advice and treatment to 
patients benefits the patients of that facility; however, the record does not establish how the endeavor 
would have broader implications in terms of significant potential to employ U.S. workers or have 
substantial positive economic effects, beyond the Petitioner's unspecified employer, as contemplated 
by the first Dhanasar prong. See Dhanasar, 26 I&N Dec. at 889. Petitioners bear the burden of 
articulating how they satisfy eligibility criteria. See section 291 of the Act, 8 U.S.C. § 1361. The 
Petitioner's statements on appeal regarding his expertise and prior career accomplishments in Brazil 
do not address how the proposed endeavor in the United States has broader implications beyond his 
immediate employer and patients. Moreover, the Petitioner's focus on appeal on the importance of 
the dental industry, and generalized shortages, do not address aspects of the specific endeavor and how 
the performance of the planned activities under the endeavor would have broader implications, rising 
to the level of national importance as contemplated by Dhanasar. See id. 
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In summation, the Petitioner has not established that the proposed endeavor has national importance, 
as required by the first Dhanasar prong, and therefore is not eligible for a national interest waiver. 
We reserve our opinion regarding whether the record satisfies the second or third Dhanasar prong. 
III. CONCLUSION 
As the Petitioner has not met the requisite first prong of the Dhanasar analytical framework, we 
conclude that the Petitioner has not established eligibility for, or otherwise merits, a national interest 
waiver as a matter of discretion. 
ORDER: The appeal is dismissed. 
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