Date of Decision: April 16, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Art and Printmaking
Petitioner Information
Profession: Art Teacher
Field: Art and Printmaking
Nationality: Chinese
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Official Academic Record: Demonstrated possession of a degree in printmaking.
- Experience: Claimed over 17 years of teaching experience as an art teacher.
Criteria Not Met:
- Progressive Experience: Insufficient evidence of five years of progressive experience post-bachelor’s degree in specialty.
- Evidence of Recognition: Failed to substantiate claims of recognition in the field with adequate evidence.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to continue his career in the U.S. as an art teacher and freelance artist.
Substantial Merit and National Importance:
The appeal did not sufficiently address or substantiate how the petitioner’s endeavor would have substantial merit or national importance to the United States.
Supporting Evidence:
Evidence provided was deemed insufficient to prove progressive professional experience as required under the EB-2 classification guidelines.
Inconsistencies in Proposed Endeavor:
The petitioner’s submissions contained discrepancies in verifying claimed employment history, specifically the lack of robust evidence from past employers and the reliance on unsubstantiated certificates.
Supporting Documentation
Letters of Intent:
Not applicable or provided.
Business Plan:
Not applicable or provided.
Advisory Letter:
Not applicable or provided.
Any Other Supporting Documentation:
General references to art exhibitions and awards but lacked specific evidence required for EB-2 classification.
Conclusion
The appeal was dismissed as the petitioner did not meet the necessary evidentiary criteria for an EB-2 NIW classification, specifically failing to establish a credible, progressive professional experience in his field.
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