Date of Decision: January 04, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Audiovisual Production
Petitioner Information
Profession: Entrepreneur
Field: Audiovisual Production
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Official academic record: Demonstrates a degree in journalism.
- Evidence of membership in professional associations: Met through various press credentials.
Criteria Not Met:
- Full-time experience: Insufficient documentation to demonstrate ten years of full-time relevant experience.
- License to practice: Lacked a professional license or certifications related to audiovisual production.
- Salary indicating exceptional ability: Did not establish a salary level indicating exceptional ability.
- Recognition for achievements: Insufficient evidence of significant achievements or contributions recognized by peers or professional organizations.
Key Points from the Decision
Proposed Endeavor:
- The petitioner aimed to establish a full-service audiovisual production company in the U.S., focusing on high-end visual storytelling.
Substantial Merit and National Importance:
- While the petitioner’s business plan suggests substantial merit in promoting visual media, the appeal lacked sufficient evidence of national importance and his exceptional ability to advance this endeavor.
Supporting Evidence:
- The petitioner provided a business plan, certificates from workshops, and press credentials. However, these were not sufficient to demonstrate eligibility for the EB-2 classification.
Inconsistencies in Proposed Endeavor:
- The appeal did not address inconsistencies in the petitioner’s claimed qualifications and experience effectively.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan:
- Detailed a vision for a U.S.-based company but lacked compelling evidence to support feasibility or national importance.
Advisory Letter: Not applicable
Any other supporting documentation: Included basic certifications and press credentials, which were insufficient for the claims of exceptional ability.
Conclusion
Final Determination: The petitioner did not meet the necessary criteria for an EB-2 NIW. The evidence was not compelling enough to overturn the initial denial, and the appeal was dismissed accordingly.
