Date of Decision: AUG. 08, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Historical Architecture
Petitioner Information
Profession: Historical Architect
Field: Historical Architecture
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None: The decision does not mention any criteria that were met by the petitioner.
Criteria Not Met:
National Importance of Proposed Endeavor: The petitioner did not sufficiently demonstrate the national importance of her proposed endeavor.
Motion Requirements: The petitioner did not meet the requirements for a motion to reopen or reconsider.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to enhance cultural enrichment through the conversion of an existing historical building for religious and cultural activities. However, the submission lacked clarifying explanation or analysis to establish its national importance.
Substantial Merit and National Importance:
The petitioner asserted that her work broadly enhances cultural enrichment, but failed to demonstrate how her proposed projects would have a broad societal impact on a nationally significant scale.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not establish how her services in historical architecture would be of national importance, nor did she demonstrate that her input would provide significant cultural enrichment that would not otherwise be available.
Supporting Evidence:
The petitioner provided a portfolio, including floor plans, photos, and design ideas, which did not clearly establish the national importance of her proposed endeavor.
Inconsistencies in Proposed Endeavor:
The petitioner’s submissions were considered insufficient as they did not establish how the projects would impact society at a nationally important level.
Supporting Documentation
Letters of Intent:
None applicable.
Business Plan:
None applicable.
Advisory Letter:
A recommendation letter from the president of an unspecified organization praised the petitioner’s talent but failed to provide specific examples of societal impact at a national level.
Any Other Supporting Documentation:
None applicable.
Conclusion
Final Determination: The appeal was denied. The petitioner did not meet the burden of establishing the national importance of her proposed endeavor, and the motion to reopen and reconsider was dismissed.
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