Date of Decision: MAR. 16, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Music
Petitioner Information
Profession: Vocalist and Music Teacher
Field: Music
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: The Petitioner provided evidence demonstrating he holds the equivalent of a U.S. master’s degree in business administration, which qualifies him as an advanced degree professional.
Criteria Not Met:
Criterion 1: The Petitioner did not establish that his proposed endeavor of musical event management and vocal teaching has the potential to broadly enhance cultural or artistic enrichment on a national level.
Criterion 2: The Petitioner did not demonstrate that the benefits of his proposed endeavor would extend beyond his students or musical event attendees to impact the field of music more broadly.
Key Points from the Decision
Proposed Endeavor
The Petitioner aims to work as a musical event manager and vocal teacher, contributing to cultural enrichment through classical music. He highlighted his extensive background in classical vocal performance, his involvement in prestigious musical competitions, and his recognition in professional musician organizations.
Substantial Merit and National Importance: While the Petitioner’s work in music has substantial merit, the evidence did not demonstrate that it has national importance. The documentation provided did not show how his activities would significantly impact the music industry or U.S. cultural enrichment on a national scale.
Supporting Evidence: The evidence included scholarly articles authored by the Petitioner, his roles in musical competitions, professional organization leadership, media recognition, and additional articles about the popularity of classical music and the national music teacher shortage.
Inconsistencies in Proposed Endeavor
The evidence presented did not adequately demonstrate that the Petitioner’s proposed musical event management and teaching activities are of national importance. The additional evidence provided on appeal was similar to the initial evidence and did not establish the broader impact required.
Supporting Documentation
Letters of Intent: Not specified
Business Plan: Not specified
Advisory Letter: Not specified
Any other supporting documentation: Articles about classical music and the national music teacher shortage, information on the occupational category of music teacher, and evidence of the Petitioner’s participation in a recent concert performance.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not meet the first prong of the Dhanasar analytical framework, failing to establish that his proposed endeavor has national importance. The evidence did not sufficiently demonstrate substantial positive economic effects or broader national impact. Consequently, the Petitioner did not meet the requirements for the national interest waiver, and further analysis of the remaining criteria was unnecessary.
