dismissed EB-2 NIW Case: Dentistry

U.S. Citizenship 
and Immigration 
Services 
In Re : 17643831 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG. 11 , 2021 
Form I-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a dentist and entrepreneur, 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 Nebraska 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 off er, 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 of job 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 te1m "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 Dhanasarstates 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 imp01iance; (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 ofa 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 ce1iification. In perf01ming 
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 too btain 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 o{Ncw York State Department of 
Transportation, 22 I&NDec. 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 stated that "the [P]etitioner did not sufficiently describe the 
entrepreneurial nature of his endeavor in order for [U.S. Citizenship and Immigration Services] to 
determine whether the [P]etitioner's entrepreneurial plans have substantial merit." 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 record contains limited information regarding the proposed endeavor. The Petitioner initially 
described the endeavor as "employment as a doctor and the [sic] researcher in the field of dentistry, 
more specifically dental implantology." In response to the Director's notice of intent to deny (NOID), 
the Petitioner generally described the endeavor as "provid[ing] expertise in the dental field." The 
Petitioner further stated: 
[My] innovative research will contribute to studies related to the nature and basis of 
implant failure. [My] development and implementation of a unique and effective 
method allows the examination and obtainment of a much more detailed perspective 
due to the technique of in vivo whole cell recordings, thus enabling further discove1ies 
related to mechanisms underlining layers of bone. 
The Petitioner did not elaborate clarify the method he would develop and implement. Although the 
Petitioner also asserted in response to the NOID that he "is well-qualified to provide educational 
lectures on oral hygiene and train professionals in the field, thereby expanding the workforce," he did 
not specifically state that the endeavor would entail doing so. 
In the decision, the Director concluded the record does not establish that the proposed endeavor has 
national importance, observing that the record does not contain "sufficient evidence to establish that 
[the Petitioner's] particular endeavor within the field of dentistry and implantology has broad 
implications beyond the benefits he would provide to his own clients/patients." 
On appeal, the Petitioner resubmits, in relevant part, essentially verbatim language from pages 7-9 of 
his brief in response to the NOID regarding whether the proposed endeavor has substantial merit and 
national importance. Both briefs reference the Petitioner's experience. The briefs also cite 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. 
2 SccDhanasar, 26l&NDec. at 888-91, for elaboration onthesethreeprongs. 
3 
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. Dhanasarprovided 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 ce1iain 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 Libya 
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 shmiages, 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. 
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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