remanded EB-2 NIW Case: Dentistry

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: DEC. 18, 2023 In Re: 28963380 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Worker (National Interest Waiver) 
The Petitioner, a "dentist-scientist," seeks employment-based second preference (EB-2) immigrant 
classification as amember of the professions holding an advanced degree, as well as anational 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 had not 
established that the Petitioner qualified for a discretionary waiver of the required job offer, and thus 
of the labor certification, would be in the national interest. The matter is now before us on appeal. 
The Petitioner bears the burden of proof to demonstrate eligibility by apreponderance of the evidence. 
Matter of Chawathe, 25 l&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de nova. Matter of Christa's, Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). Upon de nova review, 
we will withdraw the Director 's decision and remand the matter for entry of a new decision consistent 
with the following analysis. 
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. Section 203(b)(2)(B)(i) of the Act. 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. 
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 l&N Dec. 884 (AAO 2016). Dhanasar states that U.S. Citizenship and Immigration 
Services (USCIS) may, as matter of discretion1, grant a national interest waiver of the job offer, and 
thus the labor certification, to a petitioner classified in the EB-2 category if the petitioner demonstrates 
that (1) the noncitizen's proposed endeavor has both substantial merit and national importance; (2) the 
1 See also Poursina v. USCIS, 936 F.3d 868 (9th Cir. 2019) (finding USCIS ' decision to grant or deny a national interest 
waiver to be discretionary in nature). 
noncitizen 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 
noncitizen 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 noncitizen. To determine whether 
the noncitizen 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, progress towards achieving the proposed endeavor, and 
the interest of potential customers, users, investors, or other relevant entities or individuals are also 
key considerations. 
The third prong requires the petitioner to demonstrate that, on balance of applicable factors, it would 
be beneficial to the United States to waive the requirements of a job offer and thus of a labor 
certification. USCIS may evaluate factors such as whether, in light of the nature of the noncitizen's 
qualification or the proposed endeavor, it would be impractical either for the noncitizen to secure a 
job offer or for the petitioner to obtain a labor certification; whether, in I ight of the nature of the 
noncitizen's qualification or the proposed endeavor, it would be impractical either for the noncitizen 
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 noncitizen's 
contributions; and whether the national interest in the noncitizen's contributions is sufficiently urgent 
to warrant forgoing the labor certification process. Each of the factors 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. 
II. ANALYSIS 
The Director concluded that the Petitioner qualifies as a member of the professions holding an 
advanced degree. The record demonstrates that the Petitioner earned a doctoral degree in dental 
surgery degree from I lin Iran in 2017 and masters in craniofacial 
sciences from I Iin 2023, which have been evaluated to be the foreign 
equivalent of advanced degrees from a U.S. university. Accordingly, the remaining issue to be 
determined on appeal is whether the Petitioner has established that a waiver of the requirement of a 
job offer, and thus of a labor certification, would be in the national interest. 
A. Substantial Merit and National Importance of the Proposed Endeavor 
The Petitioner intends to work in the United States as a dentist-scientist and plans to conduct research 
"to identify the unknown etiological factors in oral diseases in order to prevent oral diseases and 
pathological conditions to reduce the cost and burden of treating these conditions for both governments 
and individual patients." The Petitioner further explains that he intends "to continue his research on 
the unknown etiological factors in oral diseases." Specifically, he will develop preventive measures 
for oral diseases based on an improved understanding of the etiological factors driving the diseases 
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and publish original dentistry research in peer-reviewed journals." In an u]dated statement, the 
Petitioner states that he has been admitted to thel international dentist 
program. He explains that he "intends to carry out research on promoting dental biomaterials with 
antibacterial properties as well as studying disease markers involved with dental caries/periodontal 
diseases in the saliva." 
In support of his petition, the Petitioner submitted letters of recommendation and independent advisory 
opinions from the field of dentistry, as well as evidence of his peer-reviewed publications and citations. 
The letter of recommendation from , vice dean of the faculty of dental medicine at 
__,,....._______________________ states that the Petitioner's work 
"directly benefits pediatric dentistry by providing updates on the latest science and clinical 
modifications available in the area of COVI D-19." I I, associate professor 
at,_______________ __. in Iran also discusses the Petitioner's research and 
contributions and asserts that the Petitioner's project is of "the upmost importance to the health of 
individuals around the world, as it promotes the early discovery and prevention of certain oral 
conditions." 
The Petitioner also provided independent advisory opinions, written by: 
•• r-------- ....1-"'a=ss=o...=..:,ciate professor and researcher in periodontology at I 
r-·-------,__ ____.I in Germany; 
.________ _.I, a board-certified orthodontist at .________ __, m Seattle, 
Washington; 
• ,,_I------~l_ad~j_,unct clinical assistant professor atl I; and 
• I Iprofessor at....l ________ __.lin Brazil. 
Each of the advisory opinions further discusses the Petitioner's investigation and research and stress 
the importance of the Petitioner's work to oral health around the world. The opinions also highlight 
the several citations of the Petitioner's work by other professionals in the field. 
To demonstrate the potential national importance of his research, the Petitioner submitted evidence of 
its implications for the United States. This included information on oral health from the World Health 
Organization emphasizing the health burden of oral disease and untreated dental caries. The Petitioner 
also provided information from the Centers for Disease Control and Prevention on dental health and 
dental sealants as well additional articles and journals related to the Petitioner's work. 
The Director issued a request for evidence (RFE), stating that the Petitioner did not provide "sufficient 
evidence to establish a clear proposed endeavor." The Director noted that the record also did not 
establish that the Petitioner was well-positioned to advance the proposed endeavor or that it would be 
beneficial to the United States to waive the requirement of a job offer. 
In response to the RFE, the Petitioner submitted an updated statement and additional evidence of his 
publications and citations to his work. He submitted multiple scholarly articles citing his research and 
discussing the importance of his research to the field. 
In their denal, the Director concluded that the evidence demonstrated that the Petitioner met the second 
prong of the Dhanasar framework, in that he was well positioned to advance the proposed endeavor. 
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The Director concluded however that the evidence did not establish that the Petitioner met the first 
and third prongs - that the proposed endeavor had national importance, and 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. 
On appeal, the Petitioner contends that the Director "did not consider all of the evidence submitted" 
with the initial petition and in response to the RFE. We agree. Upon review of the record, we conclude 
that the proposed endeavor has substantial merit and national importance. The Petitioner has 
established eligibility under the first prong of the Dhanasar framework. 
B. Well Positioned to Advance the Proposed Endeavor 
The Director determined that the Petitioner provided sufficient evidence to meet the second prong, 
and we agree. Our review of the record shows by a preponderance of the evidence that the Petitioner 
is well positioned to advance his proposed endeavor. 
C. Whether on Balance a Waiver is Beneficial 
While the Director determined that the Petitioner's proposed endeavor meets the second prong of the 
Dhanasar analytical framework, the Director determined that "the evidence submitted does not 
support the petitioner's statements 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." Since we have concluded that the 
Petitioner satisfies the Dhanasar framework's first prong, we are remanding this matter so that the 
Director can conduct a first-line adjudication of the record under that framework's third prong. 
On remand, the Director should consider and evaluate the Petitioner's claims regarding this prong, 
including those made on appeal, to determine whether, on balance, a waiver of the job offer 
requirement, and thus of a labor certification, would be in the U.S. national interest. Upon a complete 
review of the entire record, the Director should provide a full and complete analysis of whether, on 
balance, it would be in the national interest to grant a waiver of the labor certification. The Director 
should consider factors such as, whether a labor certification would be impractical, whether the U.S. 
would benefit from the Petitioner's proposed endeavor, whether the national interest in the Petitioner's 
proposed endeavor is sufficiently urgent, and whether the proposed endeavor has the potential for job 
creation. 
Ill. CONCLUSION 
We are remanding the petition for the Director to review the entire record including evidence 
submitted in response to the RFE and consider whether the Petitioner has established the third prong 
of the Dhanasar analytical framework, and whether a waiver of the requirements of a job offer, and 
thus a labor certification, would be in the national interest. 
ORDER: The decision of the Director is withdrawn. The matter is remanded for the entry of a 
new decision consistent with the foregoing analysis. 
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