Unlocking the NIW Path: How Artists in Unique Fields Can Qualify

By: Shela Ward & Hannah Welbourn

It may come as a surprise that the EB-2 NIW visa applies to more than professionals in technical roles; it can also apply to professionals in the arts. As long as their work benefits the U.S. national interest, and they have met the requirements for the three-prong test, artists of multiple mediums can make a compelling case for an NIW by providing solid evidence of their past contributions and outlining their future plans.

Park is prepared for these unique cases in which an artist could qualify for an NIW by demonstrating how their work will benefit the U.S. on a broader level, particularly in the fields of cultural enrichment or educational advancement. For example, we recently provided an NIW letter for a self-petitioner who had received an RFE regarding the details of their proposed endeavor: to broaden American musicians’ knowledge of Chinese music and promote cross-cultural awareness.

Even without a typical resume showing progressively responsible experience, the candidate’s trajectory was indeed impressive. They had spent most of their career writing albums and soundtracks as well as participating in music competitions as a judge. The candidate proved to be a known expert in the field of Chinese music, and their decades-long career clearly illustrated their dedication to the field, proving that they were well-positioned to advance their proposed endeavor.

Regarding the first prong of the NIW (demonstrating substantial national interest), Park was able to argue that the candidate’s proposed endeavor would promote cross-cultural awareness. The letter included statistics on hate speech and crimes against Chinese Americans in the United States, particularly during the COVID-19 pandemic, and information about the ongoing tensions between China and the U.S. to illustrate the importance of bridging cultural divides. The candidate’s unique endeavor had potential to improve cultural understanding and sow partnership between the two vastly different cultures.

The benefits didn’t stop at cultural enrichment, as the music industry generates significant revenue toward the GDP and supports millions of jobs across the country. Additionally, non-English music streaming is seeing a rise in popularity, while English-language music is seeing a slight decrease. This provides a tangible national benefit from the candidate’s proposed endeavor in the form of increased revenue and music streaming. When an endeavor is broader in nature, it is important to include a measurable benefit to the candidate’s work.

Whether it’s through contributing to cultural enrichment or bridging cultural divides, musicians and other artists can create a compelling case. Park is prepared to help these artists successfully navigate the NIW process and secure the opportunity to continue their careers in the United States.