remanded EB-2 NIW Case: Pediatric Dentistry

U.S. Citizenship 
and Immigration 
Services 
InRe : 21025163 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JULY 21, 2022 
Form I-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a pediatric 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 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. The matter is before us on appeal. 
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 remand the matter to the 
Director for the entry of a new decision. 
The precedent decision Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), states that, after a 
petitioner has established eligibility for EB-2 classification, U.S. Citizenship and Immigration 
Services may, as a matter of discretion, grant a national interest waiver if the petitioner demonstrates: 
( 1) that the non citizen's proposed endeavor has both substantial merit and national importance; (2) 
that the 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. 1 Id. at 888-91 . In the matter before us, the extent of the Director's analysis of the first 
Dhanasar prong is as follows: "You submitted sufficient evidence to establish the work of a 
astrophysicist [sic] in the field of physics has substantial merit and that the proposed endeavor has 
national importance." The Director then concluded, however, that the record did not establish that the 
proposed endeavor in the field of pediatric dentistry satisfies either the second or third Dhanasar 
prongs. 
As noted above, the proposed endeavor is in the field of pediatric dentistry, not in the field of physics 
or, more specifically, astrophysics. Because the Director did not address in the decision whether the 
1 SeeDhanasar, 26I&NDec . at 888-91, for elaboration onthesethreeprongs . 
proposed endeavor in the field of pediatric dentistry has substantial merit and national importance, the 
record is not ready for appellate review. See Dhanasar, 26 I&N Dec. at 888-91. Therefore, we 
withdraw the Director's decision and remand the matter to the Director to address whether the 
proposed endeavor in the field of pediatric dentistry has substantial merit and national importance. 
See id. 
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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