Date of Decision: November 23, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Performing Arts – Singing
Petitioner Information
Profession: Singer
Field: Performing Arts – Singing
Nationality: Not Specified
Summary of Decision
Initial Decision: Approved, then Revoked
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Exceptional Ability: The petitioner has demonstrated exceptional ability as a singer, meeting the requirements of having a degree of expertise significantly above that ordinarily encountered.
- Substantial Intrinsic Merit: The petitioner’s work as a singer was acknowledged to be in an area of substantial intrinsic merit.
Criteria Not Met:
- National Scope of Benefits: The petitioner did not provide sufficient evidence to show that her work would have a national impact in the United States.
- Greater National Interest: The petitioner failed to demonstrate that her contributions would benefit the national interest to a substantially greater degree than an available U.S. worker with similar qualifications.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue performing nationally in the United States, similar to her performances across Canada, with the aim of enriching the cultural and artistic well-being of the country through music. She also mentioned potential job creation through her performances.
Substantial Merit and National Importance:
While the petitioner’s work was recognized as having substantial intrinsic merit, it did not meet the requirements for national scope or demonstrate a greater benefit to the national interest compared to a U.S. worker with similar qualifications.
Supporting Evidence:
- Performances and Contributions: The petitioner provided evidence of her performances, including participation in a Canadian national singing competition and other performances. However, these were not shown to have national benefits in the U.S.
- Letters of Support: Multiple letters from various professionals highlighted her skills and contributions. Nonetheless, they did not provide concrete evidence of national influence or job creation.
Inconsistencies in Proposed Endeavor:
The petitioner claimed her performances would lead to job creation and economic benefits but did not provide substantial documentary evidence to support these claims.
Supporting Documentation
Letters of Intent:
- Summary and Key Points: Various letters described the petitioner’s talent and past performances. However, they lacked specifics on how these performances translated to national benefits.
Business Plan:
- Summary and Key Points: Not applicable or not provided.
Advisory Letter:
- Summary and Key Points: Not detailed in the decision.
Other Supporting Documentation:
- Summary and Key Points: The petitioner submitted evidence of awards and memberships, but many were received after the filing date and thus not considered for eligibility.
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not meet the burden of proof required to demonstrate that a waiver of the job offer requirement is in the national interest of the United States.
Reasoning: The decision was based on the petitioner’s inability to establish that her work would have national benefits or that she would serve the national interest to a greater degree than an available U.S. worker with similar qualifications. Additionally, the petitioner failed to properly apply for the national interest waiver by not submitting the required Form ETA-750B.
Download the Full Petition Review Here
