A Strong NIW Case for Visual Artists: A Hypothetical Example in Installation Art

Today, we explore a hypothetical case of a contemporary mixed-media installation artist from South Korea who may be well-positioned to pursue a U.S. green card through the National Interest Waiver (NIW) program.
This example illustrates how even those in non-STEM fields—particularly fine arts—can present a compelling case when backed by the right combination of career achievements and forward-looking contributions to U.S. society.

The artist in this example has approximately eight years of experience working in mixed-media installation art, focusing on themes such as environmental issues, urbanization, and human disconnection in modern life. With a portfolio that includes three solo exhibitions and nine group shows—both domestic and international—as well as participation in two global art fairs, the artist has developed a strong record of professional activity. One of their notable works, addressing the theme of ecological regeneration, was awarded a special jury prize at a Korean international environmental art biennale.

What makes this artist's NIW case potentially strong is the alignment between their artistic themes and social discourse currently relevant in the United States. Public art, socially engaged art, and community-based creative practices are highly valued in the U.S. as means to foster inclusion, activate public space, and promote cultural dialogue. An artist who addresses such concerns through installation and mixed-media work could realistically claim their proposed endeavor holds “substantial merit and national importance”—the first of the three NIW requirements.

Additionally, the artist in this example is planning to expand their practice to the U.S. by participating in an artist-in-residence program in New York and engaging in collaboration with local galleries. Such concrete plans, backed by previous international exposure, help satisfy the second NIW requirement: that the applicant is “well positioned to advance the proposed endeavor.” The case becomes even stronger when the applicant can show letters of interest, invitations, or prior collaborative experience with U.S.-based art institutions.

Looking ahead, this artist intends to develop public art installations in collaboration with U.S. communities and lead educational workshops exploring the intersection of environment and visual culture. These proposed contributions not only align with current cultural policy priorities—such as public engagement, community revitalization, and equity in the arts—but also help meet the third NIW requirement: that, on balance, waiving the labor certification would benefit the United States.

While the outcome of any NIW case depends on the totality of evidence and case strategy, this example highlights that visual artists—particularly those with a strong body of work and a socially engaged vision—may have a viable path to permanent residency in the U.S.

At our office, we have assisted professionals from a wide range of fields, including arts, technology, healthcare, and public policy. If you are an artist wondering whether NIW may be a path for you, feel free to contact us at askus@junlawfirm.com or call 847-660-4233 / 317-701-2768 for a consultation.