Anne, a musician who succeeded at EB2 NIW

At Oscar’s Green Card, we love sharing the inspiring stories of our course members who have successfully self-petitioned for their EB2-NIW green card. Today, we are thrilled to introduce Anne, a Belgian musician, composer, and producer whose work not only shines artistically but also fosters social impact.

Anne recently achieved her EB-2 NIW I-140 approval, and in the interview for our YouTube channel summarized here, she shares her journey, the challenges she faced, and the strategies she used to build a compelling case.

Meet Anne: A Passion for Musical Theatre and Social Change

Anne is a musician and composer specializing in musical theatre. Her love for Broadway began when she first visited New York a few years ago. Determined to pursue a career in the U.S., she enrolled in a specialized master’s program in music direction for musical theatre at Penn State University.

Now in her final year, Anne has moved to New York City for her internship and is currently working as a music assistant as well as a substitute keyboard player on a Broadway show. This will be her Broadway debut, an amazing accomplishment for any musician dedicated to musical theater.

Finding a Path to Permanent Residency

Anne initially arrived in the U.S. on a J-1 visa, which allowed her to study and work. J visas can offer a superior experience compared to traditional F visas because the spouse can also work. This was the case for Anne, so a J visa allowed her husband to be employed in the USA while Anne completes her studies.

But of course, in order to stay in the US, Anna and her spouse need an alternative visa. Like many artists, she first considered the O-1 visa, commonly used by individuals with extraordinary ability in the arts. However, since O-1 dependents cannot work, this was not a viable option for her situation. 

Through consultations with immigration attorneys and extensive research, Anne discovered the EB2 NIW pathway. Initially skeptical—since EB2-NIW is typically associated with STEM fields—she eventually found that her work as a composer and music director could indeed align with the national interest criteria.

Building a Strong EB2-NIW Case

To craft a compelling petition, Anne had to articulate how her work benefits the U.S. beyond personal career advancement. Her proposed endeavor focused on composing socially conscious musical theatre works addressing issues such as the refugee crisis and climate change. Additionally, she leveraged her experience in Belgium, where she developed educational musical theatre programs for primary schools, as evidence of her commitment to arts education in the U.S.

Prong 1: Substantial Merit and National Importance

Anne emphasized how her work contributes to public discourse on pressing social issues. She referenced national priorities related to immigration, diversity, and climate awareness, using government reports and initiatives to demonstrate alignment with U.S. interests.

Prong 2: Well-Positioned to Advance the Endeavor

To prove her qualifications, Anne provided:

  • A portfolio of her concerts, compositions and productions.

  • 18 letters of recommendation from industry professionals, including reputable Broadway music directors.

  • Evidence of her work as a judge in music events.

  • A professional plan detailing her proposed endeavor work.

Challenges and Lessons Learned

One of Anne’s biggest challenges was navigating the nuances of EB2-NIW eligibility for artists. While her Penn State immigration attorney provided general guidance, they were unfamiliar with the category, leading to some disagreements about strategy.

Additionally, she initially received skepticism from immigration attorneys who believed EB1-A was her only viable option. However, through persistent research and participation in the Oscar’s Green Card EB2-NIW Course, she was able to craft a strong case that ultimately succeeded without an RFE.

Anne also highlights the importance of networking. Seeking recommendation letters not only strengthened her petition but also opened doors to new professional opportunities.

The Moment of Approval and What’s Next

Anne submitted her petition in late September and opted for premium processing in November when the result of the 2024 Elections became apparent. To her surprise, despite delays in processing times, she received her I-140 approval at the end of January.

Her approval gave her the confidence to pursue an EB1-A green card as well, which she is currently preparing. If successful, this could fast-track her green card process. Meanwhile, she continues to work on Broadway, preparing for her debut and expanding her impact through socially conscious musical theatre.

Anne’s Timeline

Advice for Future EB2-NIW Applicants

Anne offers several key takeaways:

  • Take it step by step: The process is overwhelming, but breaking it down makes it manageable.

  • Seek external feedback: Having someone challenge your case—whether an immigration expert or a mentor—can strengthen your arguments.

  • Leverage AI tools for writing: Tools like Liner helped Anne refine her application and find supporting evidence.

  • Ask for help and network: Reaching out to professionals not only strengthens your petition but can lead to career opportunities.

  • Be adaptable: If policies change, find ways to align your proposed endeavor with current national priorities.

This interview in video

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