Date of Decision: March 13, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Marketing and Digital Strategy
Petitioner Information
Profession: Marketing and Digital Strategist
Field: Digital Marketing in the Music Industry
Nationality: Colombian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The Petitioner established that her proposed endeavor has substantial merit, particularly in the context of digital marketing and the music industry.
Criteria Not Met:
- National Importance: The Petitioner did not demonstrate that her proposed endeavor would have a national impact beyond her immediate clientele.
- Well-Positioned to Advance: Insufficient evidence was provided to show that the Petitioner is well-positioned to advance her proposed endeavor on a national scale.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to bring her expertise in digital marketing and music assessment projects to the United States to contribute to the American culture and entertainment industry. She aimed to provide artists with digital and marketing strategy insights and strengthen the music business industry, focusing on enhancing the U.S. connection to Latin culture and promoting mental wellbeing through music.
Substantial Merit and National Importance:
The Director concluded that while the Petitioner’s proposed endeavor had substantial merit, it lacked national importance. The Petitioner’s work was primarily focused on assisting Latin musicians, and she did not sufficiently demonstrate how this work would impact the U.S. music industry or society broadly.
The Petitioner cited various initiatives by the Biden Administration to promote the arts and Hispanic culture. However, there was a lack of concrete evidence showing that her specific endeavors would align with these national interests or result in significant national or global impacts within her field.
Supporting Evidence:
The Petitioner provided articles and reports highlighting the positive impacts of music on mental wellbeing and referenced federal support for the arts. However, the evidence did not adequately connect these points to her specific proposed work or demonstrate a broader national impact.
Inconsistencies in Proposed Endeavor:
The Director noted that the Petitioner’s assertions about the national importance of her work were vague and unsupported by objective evidence. There was insufficient documentation to substantiate the claim that her work with Latin artists would lead to a significant national or economic impact.
Supporting Documentation
Letters of Intent:
- The Petitioner submitted a letter stating her role in supporting the growth and success of Latin artists in the U.S. market. However, the letter lacked specific details and objective evidence to support the claims.
Business Plan:
- No detailed business plan was provided to outline how the Petitioner’s work would have national significance.
Advisory Letter:
- An advisory letter reiterated the Petitioner’s claims but did not provide substantial evidence to support the national importance of her work.
Any Other Supporting Documentation:
- Additional documentation included articles on music’s mental health benefits and government initiatives promoting the arts. These documents did not directly connect to the Petitioner’s specific proposed endeavor.
Conclusion
The appeal was dismissed. The Petitioner did not provide sufficient evidence to demonstrate that her proposed endeavor would have a national impact beyond her immediate clients, nor did she establish the broad significance of her work to the U.S. music industry or society.
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