MOSAIC Paradigm Law Group PC.
MOSAIC Paradigm Law Group PC.

Challenges and Successful Approval of NIW Application within the Art Field


Ms. Y studied in an American university and obtained the highest degrees in two art majors, the MFA. She is a potential sculpture artist. She had not graduate at the time when we submitted her NIW petition. She worked as a teaching assistant in the school and part-time in a personal studio. Before going abroad, she was a lecturer of sculpture and art at a university in China, and participated in the design and display of urban sculpture. While studying in the United States, she participated in international and domestic art exhibitions, won awards, and was interviewed and reported by several online media and professional magazines.

According to the eligibility criteria of NIW (National Interest Waiver), the applicant must have an advanced degree, or have exceptional ability in the field of sciences, arts or business that exceed those of ordinary peers; In addition, the applicant must prove that his/her work and contributions have a significant and beneficial impact in the United States, and that he/she has had authority and reputation in his/her field, which can promote progress in this field. That is to say, the applicant must prove that his/her work and contributions can bring benefits to the United States, and such benefit must greatly exceed the needs of the United States government to protect the interests of U.S. workers. Then, the beneficiary can receive waiver that allows him or her to bypass the labor certification process.

Challenges & Breakthroughs

After becoming responsible for Ms. Y's NIW application, MOSAIC Paradigm Law Group's immigration team first analyzed the two major challenges of the case: first, the applicant was relatively young, lacked high value prizes or awards, and had limited influence in the field. Except for the advertisement of the exhibition itself, there was no external evaluation of the exhibition itself; Second, although some of her works have been collected by a provincial museum in China or displayed outdoors, they have never been sold and have no price tag, which cannot reflect their commercial value. So, how can she prove that she has exceptional abilities that exceed those of her peers? How can we prove that her future work can promote the national interests of the United States? In the case of very limited objective evidence, MPLG immigration experts believed that they could only rely on the experts’ recommendation letter and Mr. Y's proposed endeavor.

MPLG immigration experts learned about Mr. Y’s creative process and concepts through many in-depth talks with the client. The team repeatedly studied her works, and also made a lot of investigations in the art field. After that, the employment immigration lawyer team has decided on the major points of all six letters of recommendation. The references include two U.S. mentors of Ms. Y, one Chinese university professor, one U.S. university professor, one Chinese curator and one entrepreneur. Through the in-depth analysis and summary of her several representative works, her creative techniques are demonstrated from the perspective of academic theories, visitors' feelings, the current situation of the art market, and the impact of art on people's lives.


In the letters of recommendation, MPLG immigration experts cited many data and facts to prove that her academic achievements can make important contributions and impact on U.S. art, business, education and other fields. At the same time, based on her previous teaching and limited studio experience, she wrote a detailed proposed endeavor, which described how she will promote the development of the field academically, how she will create more works to create more business value for the United States, and how she will cooperate with experts in other fields to make art serve life. Finally, with irrefutable logic, we helped the client successfully obtain the NIW approval without request for evidence.