Date of Decision: February 28, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Advertising Executive and Artist
Field: Pop Art
Nationality: Brazil
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published Material:
The petitioner provided articles discussing his artwork and exhibitions in publications considered major media in Brazil.
Display of Work:
The petitioner established that his work has been displayed at major exhibitions and cultural centers in Brazil.
Criteria Not Met:
Original Contributions of Major Significance:
Despite the petitioner’s claims and the submission of supporting letters and reports, there was insufficient evidence that his work constituted contributions of major significance in the field of pop art. The documentation provided did not adequately demonstrate the impact of his contributions on the field.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: Not applicable, as the petitioner did not submit evidence of receiving a major, internationally recognized award.
Published Materials About the Petitioner:
Summary of findings:
The petitioner submitted articles about his work in Brazilian major media, which met the criterion for published material.
Key quotes or references:
- Articles discussing his artwork and exhibitions.
Original Contributions of Major Significance:
Summary of findings:
The petitioner’s evidence, including a curator’s letter and an analytical report, did not convincingly establish that his contributions had a major impact on the field of pop art.
Key quotes or references:
- A curator mentioned the originality of the petitioner’s work and its impact on Brazilian art.
- An analytical report detailed the petitioner’s exhibits and favorable reviews but lacked sufficient evidence of major significance.
Participation as a Judge:
Summary of findings: Not applicable.
Membership in Associations:
Summary of findings: Not applicable.
Authorship of scholarly articles:
Summary of findings: Not applicable.
Leading or critical role performed:
Summary of findings: Not applicable.
Artistic Exhibitions or Showcases:
Summary of findings:
The petitioner’s work was displayed at significant Brazilian contemporary art museums and exhibitions.
Key quotes or references:
- Evidence of exhibitions at important and reputable Brazilian museums.
Evidence of High Salary or Remuneration:
Summary of findings: Not applicable.
Commercial successes in the Performing Arts:
Summary of findings: Not applicable.
Supporting Documentation
List and Summary:
- Curator’s Letter:
- Stated the originality and impact of the petitioner’s artwork on Brazilian art.
- Analytical Report by Museological Consultant Firm:
- Detailed the petitioner’s exhibitions and favorable reviews, highlighting the creative process and originality of his work.
- Published Articles:
- Various articles from major Brazilian media discussing the petitioner’s work and exhibitions.
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not meet the initial evidence requirements of either a one-time achievement or documentation that satisfies at least three of the ten criteria.
Reasoning:
The evidence provided did not establish that the petitioner’s contributions to the field of pop art were of major significance, nor did it demonstrate sustained national or international acclaim.
Next Steps:
The petitioner may consider gathering additional evidence of significant contributions or seeking legal advice for further actions.
