Date of Decision: November 21, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Interior Design
Petitioner Information
Profession: Artistic Director
Field: Interior Design
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
The Petitioner provided evidence that the Beneficiary graduated with honors while earning the foreign equivalent of a Master of Fine Arts in visual arts from Ireland in 2008.
The Petitioner demonstrated the Beneficiary’s work has been displayed at artistic exhibitions in multiple countries, including the United States, the Netherlands, Ireland, Italy, and France.
Criteria Not Met:
The Petitioner did not establish that the Beneficiary had ten years of work experience as an artistic director, a requirement listed in part H of the labor certification.
The Petitioner did not provide specific material explaining how the Beneficiary’s prospective position requires exceptional ability.
Key Points from the Decision
Proposed Endeavor:
The Beneficiary was to be employed as an artistic director for the Petitioner’s interior design firm, focusing on the creation of new art and products exclusive to the Petitioner and the incorporation of art elements and modes of creation into the firm’s projects.
Substantial Merit and National Importance:
The petition highlighted the significance of exceptional artistic and design skills in differentiating the firm from its competitors, contributing to the advancement of interior design practices and aesthetics.
Supporting Evidence:
The Petitioner submitted degrees, letters from former employers, and documentation of the Beneficiary’s artistic exhibitions.
Evidence included a Master of Fine Arts degree, letters from collaborators, professional artists, gallery trustees, directors, and curators with experience in the modern art field, and documentation of international exhibitions.
Inconsistencies in Proposed Endeavor:
The Beneficiary’s previous positions did not carry the artistic director job title, and the Petitioner indicated that experience in an alternate occupation was not acceptable for the proffered position.
The Petitioner did not provide sufficient evidence that the Beneficiary’s prospective position specifically requires exceptional ability.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: Letters from collaborators, professional artists, gallery trustees, directors, and curators describing the Beneficiary’s achievements and contributions to the field.
Other Supporting Documentation: Documentation of the Beneficiary’s artistic exhibitions and awards.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not establish that the Beneficiary met the ten-year work experience requirement for the position of artistic director as specified in the labor certification. Additionally, the Petitioner failed to demonstrate that the Beneficiary’s prospective employment requires exceptional ability. The evidence provided did not sufficiently address the specific job requirements or establish the necessary qualifications for the proffered position.
