Date of Decision: June 14, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Language and Literary Musicalization
Petitioner Information
Profession: Language and Literary Musicalization Professor
Field: Language and Literary Musicalization
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit: The petitioner’s endeavor of teaching and promoting Portuguese language and culture through an innovative program that integrates music and poetry was recognized for its substantial merit.
Criteria Not Met:
National Importance: The petitioner failed to demonstrate that the proposed endeavor had national importance. The evidence did not establish that teaching Portuguese through music and poetry would have significant implications beyond the petitioner’s immediate audience.
Positioning to Advance the Endeavor: The petitioner did not provide sufficient evidence to show that he was well-positioned to advance his proposed endeavor. The details regarding the petitioner’s intended employment were not clear or specific enough to establish national importance.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to work as a professor in the United States, using a self-developed program to teach Portuguese language through songs and poetry. He aimed to expand this program to improve the American classroom and raise awareness through live performances and workshops. However, the petitioner’s business plan and program development did not provide adequate evidence to support the national importance of the endeavor.
Substantial Merit and National Importance:
While the program has merit in promoting cultural understanding and language skills, the Administrative Appeals Office (AAO) determined that it did not meet the threshold for national importance as outlined in the Dhanasar framework. The petitioner’s focus on local schools and specific communities did not demonstrate a broader impact on the U.S. education system or economy.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not meet the first prong of the Dhanasar framework, which is essential for the national interest waiver. Consequently, further analysis under the second and third prongs was deemed unnecessary.
Supporting Evidence:
The petitioner provided a business plan, letters of support, and previous research publications. However, these were insufficient to demonstrate national importance or the petitioner’s capability to advance the proposed endeavor.
Inconsistencies in Proposed Endeavor:
The petitioner initially focused on teaching and promoting his language program but later shifted to include operating a business. This material change in the proposed endeavor further weakened the petitioner’s case.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Included but did not establish national importance or substantial positive economic effects.
Advisory Letter:
Not provided or summarized in the decision.
Any Other Supporting Documentation:
Included personal statements and previous research publications, which were insufficient to meet the national importance requirement.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that his proposed work as a language and literary musicalization professor would have a significant national impact. The evidence provided was insufficient to support claims of substantial merit and national importance.
