Date of Decision: January 16, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Arts
Petitioner Information
Profession: Violinist/Teacher/Conductor
Field: Music Performance and Education
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Academic Record: The petitioner earned a Bachelor of Music degree from an accredited institution, meeting the requirement for an official academic record relating to the area of exceptional ability.
- Professional Memberships: The petitioner provided evidence of membership in professional associations such as the [specific professional associations not clearly established due to lack of translation].
Criteria Not Met:
- Experience: The petitioner did not provide sufficient evidence of at least ten years of full-time experience in the occupation for which he is being sought. The submitted letters and self-written statements did not fulfill the regulatory requirements.
- Salary: The petitioner did not demonstrate that the commanded salary for his services indicates exceptional ability. The salary offered ($32,074 annually) does not substantiate exceptional ability.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to use his skills to further the arts by providing private lessons and conducting ensembles. His goal was to teach and conduct deserving individuals who have demonstrated ability and dedication to excellence in playing music.
Substantial Merit and National Importance:
The petitioner claimed his work had significant impact within the local community and intended to expand his influence nationally. However, the evidence did not demonstrate that his contributions were of national importance or that they extended beyond his local community.
Supporting Evidence:
The petitioner provided letters of support, newspaper articles about his students’ achievements, and evidence of his students’ participation in various music competitions and programs. However, these were deemed insufficient to establish a national level of impact or recognition.
Inconsistencies in Proposed Endeavor:
There were inconsistencies in the evidence provided regarding the petitioner’s full-time employment and the nature of his achievements. The documentation did not consistently support the claims of substantial impact or recognition.
Supporting Documentation
Letters of Intent:
Several letters from former students, parents of students, and community members were provided. These letters praised the petitioner’s teaching methods and impact on individual students but did not establish a broader national influence.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
The petitioner submitted various newspaper clippings and photographs of his students’ performances and awards, which demonstrated local success but not a national level of influence or achievement.
Conclusion
The appeal was dismissed. The petitioner did not establish that he met the criteria for classification as an alien of exceptional ability, nor did he demonstrate that a waiver of the job offer requirement would serve the national interest. The evidence provided was insufficient to show a significant national impact or recognition in his field.
