Date of Decision: APR. 10, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Photography
Petitioner Information
Profession: Photographer
Field: Photography
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability: The Petitioner provided an official academic record showing they earned a certificate in photography from a national vocational institution.
Criteria Not Met:
Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought: The Petitioner provided letters indicating more than 10 years of full-time work experience, but inconsistencies and lack of objective evidence during their military career period raised doubts.
Evidence of a license to practice the profession or certification for a particular profession or occupation: The FAA drone pilot license provided by the Petitioner is not a mandatory requirement for the photography profession.
Evidence of membership in professional associations: The Petitioner’s membership in the Professional Photographers of America was not considered sufficient as it is not deemed a professional association per the regulatory definition.
Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations: The letters of recommendation provided were vague and lacked supporting evidence to demonstrate achievements significantly above the ordinary.
Key Points from the Decision:
The Petitioner did not meet the evidentiary criteria required for exceptional ability classification and thus did not establish eligibility for the EB-2 classification. As a result, the Petitioner’s eligibility for a national interest waiver was not evaluated further.
Proposed Endeavor
The Petitioner aims to advance their career as a photographer, contributing through significant projects and professional engagements within the field of photography.
Substantial Merit and National Importance: The decision did not proceed to evaluate this criterion due to the failure to meet the initial evidentiary requirements for exceptional ability.
Supporting Evidence: The evidence provided included letters of intent, an FAA license, membership in a photography association, and personal statements. However, these were deemed insufficient to establish the required level of expertise or significant contributions to the field.
Inconsistencies in Proposed Endeavor
The record contained unresolved inconsistencies regarding the Petitioner’s full-time engagement in photography during their military career, which cast doubt on the claimed 10 years of full-time experience.
Supporting Documentation
Letters of Intent: Provided but lacked specificity and did not establish full-time engagement in photography.
Business Plan: Not applicable.
Advisory Letter: Letters of recommendation were provided but were not supported by objective evidence to demonstrate exceptional ability.
Any other supporting documentation: Included an FAA drone pilot license, which was not considered a mandatory requirement for the profession of photography.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not meet the initial evidentiary criteria required to establish exceptional ability, and as a result, the petition for the national interest waiver was not considered further.
