Date of Decision: April 30, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Communications, Film and Television Industry
Petitioner Information
Profession: Communications Specialist
Field: Film and Television Industry
Nationality: Chinese
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The proposed work was acknowledged to generate additional revenues and jobs in the film and television industry, thus deemed to have substantial merit.
- Advanced Degree Professional: The petitioner qualified for the EB-2 classification by documenting her U.S. master’s degree in a relevant field.
Criteria Not Met:
- National Importance: The petitioner failed to demonstrate that her work would advance her field or impact the U.S. economy at a nationally important level. The benefits of her work were deemed too localized to her employer and its clients.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to continue her video editing work in the U.S., creating visual stories to support filmmakers and film studios in achieving commercial success.
Substantial Merit and National Importance:
The petitioner’s work was recognized for its potential to generate significant economic impact within the film industry. However, it was not seen as having national importance due to its limited scope and direct benefits primarily to her immediate professional circle.
Supporting Evidence:
The petitioner provided evidence of her qualifications and the economic benefits of the film industry broadly. She cited her multiple degrees in communications and achievements in the industry, but failed to directly link these to broader economic or cultural benefits at a national level.
Inconsistencies in Proposed Endeavor:
The petitioner’s arguments regarding the broader impacts of her work were not sufficiently substantiated with evidence that these impacts would be realized at a level of national importance.
Supporting Documentation
Letters of Intent:
Not applicable
Business Plan:
Not applicable
Advisory Letter:
Not applicable
Any Other Supporting Documentation:
Not applicable
Conclusion
The final determination was a denial of the appeal. The petitioner did not establish that her proposed endeavor had national importance under the criteria set by USCIS, despite demonstrating substantial merit in her field.
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