Date of Decision: August 21, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Graphic Design and Art
Petitioner Information
Profession: Graphic Designer
Field: Graphic Design and Art
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Official Academic Record: The petitioner submitted sufficient evidence of an official academic record showing she has a degree related to the area of exceptional ability.
- Letters from Employers: The petitioner provided sufficient letters from former employers showing at least ten years of full-time experience in the occupation.
Criteria Not Met:
- License or Certification: The petitioner did not claim or submit evidence for this criterion, stating that there is no license required for graphic design or art.
- Commanded Salary: The petitioner did not submit evidence demonstrating a salary indicative of exceptional ability.
- Professional Associations: The petitioner did not meet this criterion, as the membership evidence provided was not adequately supported.
- Recognition for Achievements: While the petitioner submitted letters and documentation attesting to her skills and achievements, the evidence did not demonstrate significant contributions to the field recognized by peers, governmental entities, or professional organizations.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue her work as a graphic designer and artist, with a focus on creating impactful designs and artworks that transcend language and cultural barriers.
Substantial Merit and National Importance:
The evidence submitted did not sufficiently demonstrate that the petitioner’s work in graphic design and art holds substantial merit and national importance. While the petitioner’s work was recognized at a local level, it did not establish significant contributions to the field as required for the NIW.
Supporting Evidence
The petitioner submitted various supporting documents, including letters from employers, colleagues, and clients, attesting to her skills and achievements. However, the evidence did not establish the required significant contributions to the field.
Inconsistencies in Proposed Endeavor
No major inconsistencies were noted in the proposed endeavor. However, the overall evidence did not meet the stringent requirements set for NIW.
Supporting Documentation
Letters of Intent:
The petitioner provided several letters of intent from former employers and colleagues highlighting her skills and contributions to specific projects.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
The petitioner included certificates of appreciation, media articles, and promotional materials related to her art exhibitions. These documents, while supportive of her abilities, were deemed insufficient to meet the criteria for exceptional ability.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not provide sufficient evidence to meet the criteria for exceptional ability or to demonstrate that her work holds substantial merit and national importance to qualify for a National Interest Waiver.
