Dentistry: laser-based oral health research and consulting
The AAO dismissed the appeal because the Petitioner did not establish the national importance of her proposed endeavor under the first Dhanasar prong.
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Summary
A dentist sought a national interest waiver to work in the United States as a laser dentistry researcher and consultant, and the Texas Service Center Director denied the request. On appeal, the AAO found the plan too general: it did not explain how the work would be done, how it would differ from ordinary laser dentistry, or how it would affect the field or the economy at a national level. Investment letters, industry reports and an expert opinion were found to say little about the specific endeavor. The appeal was dismissed on the first prong, and the AAO reserved the second and third.
Findings
| Criterion / prong | AAO finding | From the decision |
|---|---|---|
| Prong 1: Substantial merit and national importance | Not met | The Petitioner has not established the national importance of her proposed endeavor as required by the first prong of the Dhanasar precedent decision |
| Prong 2: Well positioned to advance the endeavor | Not reached | |
| Prong 3: Balance favors waiving the job offer | Not reached |
Why the AAO decided this way
- The Petitioner described her research and consulting plans in general terms and did not explain how the work would be carried out or how it would differ from work typically done in laser dentistry.
- Letters of intent to invest did not detail the specific partnerships or research, the record did not explain how her published articles bore on her intended work, and the industry reports on professional shortages and market growth addressed the field rather than the impact of her endeavor.
- An associate professor's opinion focused on her experience and the importance of oral health in general, and the AAO said such letters are not presumptive evidence of eligibility; her experience relates to the second prong.
- Her business idea lacked specifics, and the AAO said any shortage of professionals would be better addressed through the labor certification process; the AAO reserved the second and third prongs.
Authorities cited
- Matter of Chawathe, 25 I&N Dec. 369, 375-76 (AAO 2010)
- Matter of Christo's, Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015)
- Matter of Dhanasar, 26 I&N Dec. 884, 889 (AAO 2016)
- Flores v. Garland, 72 F.4th 85, 88 (5th Cir. 2023)
- Matter of E-M-, 20 I&N Dec. 77, 79-80 (Comm'r 1989)
- Matter of Caron Int'l, 19 I&N Dec. 791, 795 (Comm'r 1988)
- Matter of D-R-, 25 I&N Dec. 445, 460 n.13 (BIA 2011)
- Matter of Soffici, 22 I&N Dec. 158, 165 (Comm'r 1998)
- INS v. Bagamasbad, 429 U.S. 24, 25 (1976)
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