Date of Decision: December 16, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Millinery Art
Petitioner Information
Profession: Millinery Artist
Field: Millinery Art
Nationality: Not Specified
Summary of Decision
Initial Decision: Approved, later revoked
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- None specified: The petitioner did not sufficiently meet the criteria for classification as a member of the professions holding an advanced degree or exceptional ability.
Criteria Not Met:
- Advanced Degree or Exceptional Ability: The petitioner failed to demonstrate that she holds an advanced degree or possesses exceptional ability in her field.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide sufficient evidence to show she was well-positioned to advance her proposed endeavor.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to show that waiving the labor certification requirement would be beneficial to the United States.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue her work as a millinery artist, contributing to the field through her artistic creations.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor did not sufficiently demonstrate substantial merit and national importance as required for the NIW classification.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not provide adequate evidence to support that her contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted her curriculum vitae, academic credentials, and letters of support. However, these documents did not adequately demonstrate her ability to significantly impact her field. The letters from colleagues and professionals praised her work but did not provide concrete examples of her artistic creations being implemented or having a substantial influence.
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 millinery art.
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:
Included letters from colleagues and professionals, 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 benefit the United States. The evidence provided was insufficient to support her claims of substantial impact and national importance.