Date of Decision: March 12, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Capoeira Coaching
Petitioner Information
Profession: Capoeira Coach
Field: Capoeira
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Recognition for Achievements and Significant Contributions: The petitioner provided evidence of recognition for his achievements in the field of capoeira, including letters of support from the president of ABADA-Capoeira and others praising his contributions to the sport.
Criteria Not Met:
- Official Academic Record: The petitioner did not provide an official academic record from a recognized institution of learning that is related to his area of exceptional ability.
- Certification for a Particular Profession: The petitioner’s brown belt certification from ABADA-Capoeira was not sufficient to qualify as professional certification for capoeira coaching.
- Membership in Professional Associations: The petitioner did not provide sufficient evidence that ABADA-Capoeira is a recognized professional association.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue his work as a capoeira coach, teaching and promoting the art of capoeira in the United States.
Substantial Merit and National Importance:
While the petitioner’s proposed endeavor to teach capoeira has cultural significance, the evidence provided did not demonstrate that his work has substantial merit and national importance to the United States as required for a national interest waiver.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not provide sufficient evidence to demonstrate that waiving the labor certification process would be beneficial to the United States. The documentation did not establish his influence or impact on the field of capoeira at a national level.
Supporting Evidence:
The petitioner submitted a curriculum vitae, certificates from capoeira events, and letters of support. However, these documents did not adequately demonstrate his exceptional ability or his significant impact on the field of capoeira. The letters from peers and professionals praised his work but did not provide concrete evidence of his contributions being widely recognized or adopted.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about his influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that his work had been widely adopted or recognized in the field of capoeira.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Provided but not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation:
Included letters from colleagues and professionals, which praised his work but did not adequately demonstrate his significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that he is well-positioned to advance his proposed endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support his claims of substantial impact and national importance.
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