Date of Decision: June 22, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Micropigmentation
Petitioner Information
Profession: Micropigmentation Professional
Field: Micropigmentation, Laser Pigment Removal
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- License to Practice Profession: The petitioner fulfilled the regulatory criterion of having a license to practice her profession.
Criteria Not Met:
- Official Academic Record: The petitioner did not establish how the presented certificates represent “official academic records” from a college, university, school, or other institution of learning.
- Membership in Professional Associations: The petitioner did not demonstrate her eligibility through her membership with professional associations as the membership was expired and did not meet the required criteria.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue her work in micro pigmentation and laser pigment removal, aiming to contribute to these fields through her professional practice and training.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was not sufficiently demonstrated to have substantial merit and national importance due to the lack of evidence supporting the broader impact of her work in these fields.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner failed to provide sufficient evidence to support the claim that waiving the labor certification requirement would be beneficial to the United States. The documentation did not convincingly demonstrate the national interest in her contributions.
Supporting Evidence:
The petitioner submitted her certificates, a photograph, and a membership card. However, these documents did not adequately demonstrate her ability to significantly impact her field. The certificates were not considered official academic records, and the membership was expired and not adequately substantiated.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about her influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that her work had been widely adopted or recognized in the field of micro-pigmentation and laser pigment removal.
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:
Including certificates and membership cards, which praised her work but did not adequately demonstrate her significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that she is well-positioned to advance her proposed endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence was insufficient to support her claims of substantial impact and national importance.
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