Date of Decision: May 05, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Art Conservator
Field: Art Conservation
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Original Contributions of Major Significance:
The petitioner provided evidence demonstrating the beneficiary’s significant contributions to the field of art conservation, specifically through her role as a lead art restorer for various significant projects in Italy. The documentation included detailed descriptions of her duties and responsibilities in preserving important artworks, indicating her major significance in the field.
Leading or Critical Role for Distinguished Organizations:
The petitioner submitted sufficient evidence to establish that the beneficiary performed in a leading and critical role for organizations with a distinguished reputation, such as public cathedrals, churches, government buildings, and palaces in Italy. The documentation included a letter from a director attesting to her leadership and critical decision-making in art restoration projects.
Criteria Not Met:
Published Material About the Alien:
The petitioner submitted multiple articles; however, they did not meet the required criteria as they mainly discussed the artworks rather than focusing on the beneficiary’s work. Additionally, the publications did not qualify as major trade or professional publications.
High Salary or Remuneration:
The petitioner did not provide sufficient evidence to establish that the beneficiary commanded a high salary or significantly high remuneration compared to others in her field. This criterion was not contested on appeal.
Key Points from the Decision
Awards and Prizes Won:
Not applicable
Published Materials About the Petitioner:
The submitted articles did not sufficiently focus on the beneficiary’s work and failed to meet the standards of major trade or professional publications.
Original Contributions of Major Significance:
The beneficiary’s role in art conservation projects was recognized as a significant contribution to the field. Detailed descriptions of her responsibilities were provided, demonstrating her influence and importance in preserving notable artworks.
Participation as a Judge:
Not applicable
Membership in Associations:
Not applicable
Authorship of Scholarly Articles:
Not applicable
Leading or Critical Role Performed:
The beneficiary held a leading and critical role in various art restoration projects, as verified by a letter from a director attesting to her leadership and decision-making capabilities.
Artistic Exhibitions or Showcases:
Not applicable
Evidence of High Salary or Remuneration:
The evidence provided did not meet the criteria for demonstrating high salary or remuneration.
Commercial Successes in the Performing Arts:
Not applicable
Supporting Documentation
- Letter from Director of Ancient Art, Historical, and Scientific Museums of Italy:
Describes the beneficiary’s responsibilities and leadership in art conservation projects. - Articles from Various Publications:
Submitted articles were mostly about the artworks rather than the beneficiary’s contributions, and the publications did not meet the required standards.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The evidence provided did not meet the requirements for at least three of the ten regulatory criteria. The petitioner did not establish that the beneficiary had achieved sustained national or international acclaim or that she was among the small percentage at the very top of her field.
Next Steps:
The petitioner may consider gathering additional evidence or addressing the deficiencies noted in the appeal decision if pursuing further action.
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