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RemandedNational Interest Waiver · Appeal

Pediatric dentist

Clinical & health · decided 2022-07-21 · NSC · JUL212022_01B5203

Official PDF on uscis.gov

How each part of the test was decided

Read from the appeals office's own sentences by fixed rules, not from the Director's findings or the petitioner's arguments. Each result shows the sentence it came from. The official PDF controls.

  • Step 0Eligible for EB-2Not decided

    No finding on this in the appeals office's own words.

  • Prong 1Merit and national importanceNot decided

    No finding on this in the appeals office's own words.

  • Prong 2Well positioned to advance itNot decided
    The Director's denial rested on this
    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. p. 1
  • Prong 3Worth waiving the job offerNot decided
    The Director's denial rested on this
    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. p. 1

The decision in brief

Sentences picked out of the text automatically. Read them in context below; the official PDF controls.

Summary sentence

Upon de nova review, we will remand the matter to the Director for the entry of a new decision. See in text

What the AAO decided

  • 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 in text
  • ORDER: The decision of the Director is withdrawn. See in text
  • The matter is remanded for the entry of a new decision consistent with the foregoing analysis. See in text
Read the full decision (2 pages)

Objections found (0)

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No catalog objection was detected in the analysis section.

    Full decision

    OCR text from the official PDF, reformatted for reading. Scan errors carry over; the PDF controls.

    Highlighted: Outcome (4)Matter of X citation
    Decision header
    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 offer, and thus of the labor certification, wouldbeinthenationalinterest. Thematterisbeforeusonappeal.

    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 o f 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 noncitizen'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 As noted above, the proposed endeavor is in the field of pediatric dentistry, not in the field ofphysics or,morespecifically,astrophysics. BecausetheDirectordidnotaddressinthedecisionwhetherthe Id. at 888-91 . In the matter before us, the extent of the Director's analysis of the first certification.

    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.

    SeeDhanasar, 26I&NDec.at 888-91, for elaboration onthesethreeprongs. p. 2 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.