Date of Decision: June 9, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Embroidery
Petitioner Information
Profession: Embroiderer
Field: Embroidery, Traditional Craft
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Academic Record and Professional Associations: The petitioner provided evidence of having a degree related to his area of exceptional ability and evidence of membership in professional associations.
Criteria Not Met:
- Ten Years of Full-Time Experience: The petitioner did not provide sufficient evidence to show ten years of full-time experience in the occupation. The recommendation letters and curriculum vitae did not adequately support this criterion.
- Recognition for Achievements: The evidence provided, including articles and awards, did not convincingly demonstrate that the petitioner has been recognized for achievements and significant contributions to the field by peers, governmental entities, or professional organizations.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue his work in embroidery, focusing on preserving and promoting traditional embroidery techniques. He aimed to contribute to cultural heritage and the craft industry through his work and exhibitions.
Substantial Merit and National Importance:
The petitioner’s endeavor in preserving and promoting traditional embroidery was recognized for its cultural significance. However, it did not meet the threshold for national importance that would justify a waiver of the labor certification process.
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 United States by enhancing cultural heritage and the craft industry. However, the evidence provided did not sufficiently demonstrate that his contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted his curriculum vitae, academic credentials, published articles, and letters of support. However, these documents did not adequately demonstrate his ability to significantly impact his field. The letters from colleagues and professionals praised his work but did not provide concrete examples of his research being implemented or having a substantial influence.
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 embroidery.
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 an individual of exceptional ability 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.
Download the Full Petition Review Here
