Date of Decision: December 21, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Music Education
Petitioner Information
Profession: Singer and Voice Teacher
Field: Music Education
Nationality: [not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Substantial Intrinsic Merit:
The petitioner has established that her work as a singer, voice teacher, musical director, conductor, arranger, and producer is in an area of substantial intrinsic merit.
Criteria Not Met:
National Scope:
The petitioner did not sufficiently demonstrate that her singing performances and direction of performers will have a prospective benefit on a national level.
Significance to National Interest:
The petitioner failed to show that her contributions in the field are of such significance that she merits the special benefit of a national interest waiver.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue her work as a dramatic and lyrical soprano and voice teacher, claiming that her performances and teaching would benefit the United States.
Substantial Merit and National Importance:
The petitioner’s performances were acknowledged as being of intrinsic merit, but she did not establish that the benefits of her work are national in scope. Her claim that her music performances could have a national impact was found insufficient.
Supporting Evidence:
The petitioner provided letters of support from students, colleagues, and community members, highlighting her talent and dedication. However, these letters did not demonstrate a broader national impact.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertion that her performances and music instruction would have a national impact lacked supporting evidence, such as concert bookings or music sales demonstrating national influence.
Supporting Documentation
Letters of Intent:
- Provided letters from students and community members praising her teaching and musical talents, but lacking evidence of national impact.
Business Plan:
- Not applicable in this case.
Advisory Letters:
- Letters from colleagues and professionals in the music field commending her work, but not demonstrating national influence.
Any other supporting documentation:
- Local newspaper articles and performance records were provided, but these did not show national influence or impact.
Conclusion
Final Determination:
The appeal was dismissed as the petitioner did not establish that a waiver of the job offer requirement is in the national interest of the United States.
Reasoning: The petitioner did not demonstrate that her work had a significant national impact or that she would benefit the national interest to a substantially greater degree than an available U.S. worker with the same qualifications.
