EB-2 NIW (National Interest Waiver) for Artists/Musicians

Many people wrongly assume the EB-2 NIW (National Interest Waiver) is only for scientists and researchers. In fact, anyone meeting the basic entry requirements for an EB-2 petition may be eligible for an NIW (National Interest Waiver). An artist who satisfies the basic EB-2 requirements—an advanced degree or its equivalent, or the criteria for “exceptional ability”—can obtain NIW (National Interest Waiver) approval by passing the three-prong test established by NYSDOT (In re New York State Department of Transportation).

NYSDOT and the Three Prong Test for Artists

Although USCIS has issued no specific guidelines or statutes for artists applying under the EB-2 NIW (National Interest Waiver), an artist can still obtain NIW (National Interest Waiver) approval by passing the three-prong test.

1. The proposed employment must fall within an area of Substantial Intrinsic Merit

   To show Substantial Intrinsic Merit, the petitioner must establish that the field of endeavor relates to an important national goal and that the work benefits the United States. For an artist, that may mean bringing the arts to society and expanding cultural life, or adding to the knowledge of a particular technique or medium, or advancing art and design. The key is to view the artist's work in the larger U.S. context and weigh its implications and significance for the country.

2. The benefit that employment offers must be National in Scope

   The second prong requires your work to be National in Scope—its benefits cannot be confined to one geographic region. A musician, for example, contributes to the nation's artistic culture through nationwide performances and CD or mp3 sales that spread their music. Likewise, any artist whose work has been exhibited or showcased across the country can argue national scope. Even work limited to one region can support that argument when its benefits extend beyond the region. An artist or designer whose unique technique is used by other artists across the nation can also argue national scope. The argument depends on the individual artist's medium and body of work, but these examples show the range of possibilities.

3. The beneficiary must serve the National Interest to a substantially greater degree than an available U.S. worker with the same minimum qualifications.

   Recommendation letters are generally necessary to explain your influence on the field, and objective evidence—sales, media reports, reviews and praise, or awards for your work—can corroborate what those letters state. Overall, you must show that your work has influenced your field and that you have risen above others in it. Any further evidence of the distinguished nature of your work and accomplishments is therefore essential to satisfying the third prong of the NIW (National Interest Waiver).

NIW Approved for Opera Singer

In this case, an opera singer who had held O-1B status in the United States since 2004 approached us. Her work had been covered in numerous media articles and appearances, including NPR/WBUR, Good Morning American, CBS, ABC News, Oprah Radio, The Boston Globe, and others. Beyond her performances and recordings, she had launched a vocal health business that was becoming widely known. We argued successfully that disseminating her musical work and vocal expertise benefits the United States as a whole. Her media appearances and expert recommendation letters confirmed her influence on the field, and her prestigious performances showed she had risen above others in opera singing. With the strong petition and recommendation letters we prepared, her NIW case was approved in just 41 days.

EB2 NIW Approval for Opera Singer in 41 Days

NIW Approved for Animator

Another artist we were glad to represent was a freelance motion designer and animator from Taiwan working in design and animation. She used design and animation technologies and skills to develop creative projects, including short animations, commercials, interactive web-based content, broadcast show package designs, and title sequences. Winning NIW approval required arguing that her work benefited not only her field but the citizens of the United States at large. We therefore submitted extensive documentation of her highly significant contributions, including extraordinary works that placed her among the most recognized firms and individuals in the world, and showed that she had exerted a significant influence on her field as a whole. To establish nationwide benefit, we focused on the many studios, industries, and companies that had relied on and used her work, proving her influence was not limited to animation alone. We also drafted several recommendation letters explaining the impact and significance of her contributions. With that documentation and a carefully crafted petition letter, we argued successfully that she would serve the national interest to a significantly greater degree than others with similar education and experience. Her NIW application was approved in just 11 weeks.

EB2 NIW Approval for a Freelance Motion Designer/Animator in the field of Design and Animation in 11 weeks 

 

An experienced lawyer can give you the best perspective on your potential NIW (National Interest Waiver) case and assess whether your qualifications and achievements are strong enough to support it. We invite you to read our EB-2 NIW (National Interest Waiver) success stories for artists. For a free case evaluation, send us your resume and basic information through the link here.