Date of Decision: March 4, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Music (Orchestral)
Petitioner Information
Profession: Violinist and Music Instructor
Field: Music (Orchestral)
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None: The petitioner did not meet the required three of the six evidentiary criteria for exceptional ability.
Criteria Not Met:
Full-Time Experience: The petitioner claimed over 22 years in orchestral music but failed to provide required evidence such as detailed letters from employers.
Membership in Professional Associations: Provided memberships did not meet the regulatory definition of professional organizations related to the arts.
Significant Contributions: Recognition for talent and dedication was noted, but not for significant contributions to the field.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue her career in the United States as a violinist, concertmaster, trainer, and music professor.
Substantial Merit and National Importance:
The endeavor was considered to have merit due to the petitioner’s past roles and contributions to music education, but the application failed to establish its national importance sufficiently.
Supporting Evidence:
Evidence included unsubstantiated claims and general letters of recommendation which praised the petitioner’s talent and dedication, but failed to provide the required specific descriptions of achievements or contributions.
Inconsistencies in Proposed Endeavor:
The application lacked specific evidence supporting the claimed extensive professional experience and contributions to the field.
Supporting Documentation
Letters of Intent:
Not adequately provided or detailed in the required format.
Business Plan:
Not applicable.
Advisory Letter:
General letters of recommendation were noted but did not satisfy the exceptional ability criteria.
Any Other Supporting Documentation:
Lacked the necessary specificity and relevance to the EB-2 classification requirements.
Conclusion
The final determination was a denial. The USCIS concluded that the petitioner did not demonstrate the exceptional ability required for the EB-2 classification, nor did she justify a national interest waiver. The key reasons for the decision included insufficient evidence to meet the statutory criteria and failure to establish the substantial merit or national importance of her endeavor.
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