Date of Decision: February 17, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Acting and Modeling
Petitioner Information
Profession: Actor and Model
Field: Acting, Modeling
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- None: The petitioner did not meet any of the criteria required to establish exceptional ability.
Criteria Not Met:
- Degree, Diploma, Certificate: The petitioner submitted a certificate from a modeling agency and a letter confirming enrollment in a class. However, this did not qualify as an official academic record or meet the evidentiary requirement.
- Full-time Experience: The petitioner provided letters of recommendation but failed to demonstrate at least ten years of full-time experience in acting or modeling.
- License or Certification: The petitioner did not provide any license or certification, nor did they establish that having an agent is comparable to a license or certification.
- Membership in Professional Associations: The petitioner submitted a badge from the Motion Picture and Television Fund, which did not establish membership in a professional association.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue her career in acting and modeling.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was not discussed in detail due to the failure to meet the basic eligibility criteria for exceptional ability classification.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
This point was not reached as the petitioner did not satisfy the initial requirements for exceptional ability classification.
Supporting Evidence:
The petitioner submitted a certificate of completion from a modeling agency, a letter confirming enrollment in a class, letters of recommendation, and a badge from the Motion Picture and Television Fund. However, these documents did not adequately demonstrate the petitioner’s qualifications or meet the necessary criteria.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about her qualifications were not supported by sufficient evidence. For example, her claims of having a BA degree were contradicted by her own statements on the Form ETA-9089, where she listed “High School” as her highest level of education.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Not provided or summarized in the decision.
Any Other Supporting Documentation:
Included letters from colleagues and a badge from the Motion Picture and Television Fund, which did not adequately demonstrate her exceptional ability.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating exceptional ability or the national interest waiver requirements. The evidence provided was insufficient to support her claims.
