Date of Decision: July 21, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Carpet Weaving
Petitioner Information
Profession: Carpet Weaver
Field: Carpet Weaving
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Professional Memberships:
The petitioner demonstrated membership in relevant professional associations, confirming his standing in the field of carpet weaving.
Criteria Not Met:
Substantial Merit and National Importance:
The petitioner did not provide sufficient evidence to show that his proposed endeavor had national importance. While his work in carpet weaving was recognized, the documentation did not clearly demonstrate the broader impact of his work on the U.S. economy or policy.
Well-Positioned to Advance the Proposed Endeavor:
The petitioner did not provide adequate evidence to show he was well-positioned to advance his proposed endeavor. The submitted documents did not convincingly demonstrate his capacity to significantly influence or advance the field of carpet weaving.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue his work as a carpet weaver in the United States, focusing on creating artisanal carpets using traditional techniques and materials. He aimed to preserve and promote the cultural heritage of carpet weaving while contributing to the U.S. arts and crafts industry.
Substantial Merit and National Importance:
The petitioner’s endeavor was recognized for its potential merit due to its focus on preserving cultural heritage and traditional craftsmanship. However, the documentation did not show that his work had broader implications that would significantly impact the U.S. economy at a national level.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that his work would contribute to the U.S. arts and crafts industry by preserving traditional carpet weaving techniques. However, he did not provide sufficient evidence to support the claim that his contributions would justify waiving the labor certification process.
Supporting Evidence
The petitioner submitted his curriculum vitae, academic credentials, letters of support, and documentation of his artistic projects. These documents demonstrated his involvement in the field of carpet weaving. However, the evidence did not sufficiently show that his contributions would have a substantial positive impact on the U.S. arts and crafts industry or create significant job opportunities.
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 to the extent necessary to meet the national importance requirement.
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
The appeal was dismissed. The petitioner did not meet the criteria for demonstrating that his proposed endeavor had national importance or that waiving the labor certification requirement would benefit the United States. The evidence provided was insufficient to support his claims of substantial impact and national importance.
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