Date of Decision: April 25, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Art and Design
Petitioner Information
Profession: Artist
Field: Art and Design
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Exceptional Ability: The Petitioner demonstrated a degree of expertise significantly above that ordinarily encountered in the arts.
Criteria Not Met:
- National Importance: The proposed endeavor was not established to have substantial merit and national importance within the field of art and design.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed engaging in “artistic social activism,” utilizing art to generate awareness about environmental issues and influence public policy to benefit the U.S. economy and environment.
Substantial Merit and National Importance:
The Petitioner claimed that her work in contemporary art addressing environmental issues would stimulate economic growth and offer eco-friendly products. However, the supporting evidence did not establish the endeavor’s impact on the national level or within the field of design.
Supporting Evidence:
- Letters from an associate professor and a fellow discussed the Petitioner’s impact on environmental awareness through art.
- Employment records, a licensing agreement, and exhibition records were provided.
- An “EB-2 Professional Plan” detailed the Petitioner’s involvement with environmental organizations.
Inconsistencies in Proposed Endeavor:
- The documentation lacked concrete evidence of national importance and broader implications for the field.
Supporting Documentation
Letters of Intent:
Not applicable
Business Plan:
Discussed the artistic strategy to impact public opinion on environmental issues.
Advisory Letter:
Highlighted the Petitioner’s artistic contributions to environmental awareness.
Conclusion
Final Determination: The appeal was dismissed. The Petitioner did not demonstrate the national importance of her proposed endeavor.
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