Date of Decision: January 12, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Audio-Video Editing and Filmmaking
Petitioner Information
Profession: Audio-Video Editor, Filmmaker, and Producer
Field: Audio-Video Editing and Filmmaking
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Evidence of membership in professional associations.
- Evidence that the petitioner has commanded a salary or other remuneration for services, which demonstrates exceptional ability.
Criteria Not Met:
- A license to practice the profession or certification for a particular profession or occupation.
- Recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to continue advancing in his career within the United States, emphasizing his work in audio-video editing and filmmaking, contributing innovative and diverse content to the industry.
Substantial Merit and National Importance:
The petitioner’s endeavor is considered to have substantial merit in the entertainment and media production sectors. However, it was not deemed of sufficient national importance to warrant a national interest waiver under the EB-2 category.
Supporting Evidence:
The petitioner provided evidence of his professional experience and salary records, although the adjudicators questioned the comparability and relevance of this data to the standards expected for exceptional ability.
Inconsistencies in Proposed Endeavor:
Some inconsistencies were noted in the petitioner’s claims about the extent of his expertise and the impact of his contributions to the field, which were not adequately supported by the evidence provided.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Letters from colleagues and business partners supported the petitioner’s claims of skill and contribution but did not meet the high standard required for evidence of significant contributions to the field.
Any other supporting documentation:
Tax returns and union membership documents were submitted but did not sufficiently establish the criteria of exceptional ability.
Conclusion
Final Determination:
The appeal was dismissed based on insufficient evidence to qualify for EB-2 classification and the national interest waiver. The decision highlighted the need for more substantial proof of national importance and exceptional ability.
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