Date of Decision: April 22, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Theatrical Performances and Event Management
Petitioner Information
Profession: Business Owner and Performer
Field: Theatrical Performances and Event Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Business Plan: Detailed plan outlining the mission to produce plays, host festivals, and create media content.
- Letters of Support: Testimonials from colleagues on the petitioner’s experience and benefits of theatrical activities.
Criteria Not Met:
- National Importance: Insufficient evidence demonstrating the national importance of the proposed endeavor.
- Economic Impact: Proposed staffing and economic impact not substantial enough to rise to national importance.
Key Points from the Decision
Proposed Endeavor:
The petitioner’s proposed endeavor involves being an “Independent Performer of Educational Shows,” with a mission to produce entertaining plays, host family-friendly festivals and events, and create media content for Jewish communities in South Florida and nationwide.
Substantial Merit and National Importance:
The Director acknowledged the substantial merit of the petitioner’s proposed endeavor but concluded it did not meet Dhanasar’s criteria for national importance. The petitioner argued that her work addresses children’s social and emotional development, a crucial issue in the U.S. educational system. However, the evidence provided was insufficient to demonstrate that her endeavor would have a national impact beyond the direct clients served.
Supporting Evidence:
The petitioner provided articles discussing the importance of children’s education and letters of support highlighting her experience and the general benefits of theater. However, the documentation did not quantify the potential impact or provide detailed evidence of the proposed endeavor’s national significance.
Inconsistencies in Proposed Endeavor:
The petitioner’s claims of national impact were not substantiated with concrete evidence. Her business plan’s economic impact, including hiring projections, was deemed insufficient to establish national importance.
Supporting Documentation
Letters of Intent:
Colleagues’ testimonials supporting the petitioner’s work and its local impact.
Business Plan:
Outlined the mission to produce plays and host events, with staffing and budget projections over five years.
Conclusion
The appeal was dismissed. The petitioner did not demonstrate that her proposed endeavor has national importance or substantial economic impact to merit a national interest waiver.
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