Date of Decision: APR. 16, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Artist and art teacher
Field: Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Display of work at artistic exhibitions or showcases:
The Petitioner’s work was displayed at exhibitions in Russia. This evidence fulfills the criterion under 8 C.F.R. § 204.5(h)(3)(vii).
Criteria Not Met:
Membership in associations:
The Petitioner’s membership in the Russian art association does not meet the criterion because it lacks evidence of requiring “outstanding achievements” of its members.
Original contributions of major significance:
The letters of support discussing the Petitioner’s unique glass painting techniques and arts education programs were not sufficient to demonstrate contributions of major significance in the field.
Performing in a leading or critical role:
The Petitioner did not provide adequate evidence that her roles in various organizations were leading or critical.
Key Points from the Decision
Awards and Prizes Won:
Not applicable.
Published Materials About the Petitioner:
Not applicable.
Original Contributions of Major Significance:
While the Petitioner has unique techniques in glass painting and has contributed to arts education, there is insufficient evidence to show these contributions are of major significance.
Participation as a Judge:
Not applicable.
Membership in Associations:
The Petitioner’s membership in the Russian art association does not demonstrate outstanding achievements required by the criterion.
Authorship of scholarly articles:
Not applicable.
Leading or critical role performed:
The roles mentioned by the Petitioner do not fulfill the requirement of being leading or critical.
Artistic Exhibitions or Showcases:
The Petitioner’s work was displayed at artistic exhibitions in Russia.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Membership Card: Russian art association membership card and bylaws.
- Exhibition Records: Evidence of participation in exhibitions in Russia.
- Letters of Support: Letters from colleagues and experts discussing the Petitioner’s work and contributions.
- Educational Program Documentation: Details of arts education programs conducted by the Petitioner.
Conclusion
Final Determination: Appeal dismissed.
Reasoning: The Petitioner did not meet the required three criteria for EB-1 classification as an individual of extraordinary ability. The evidence provided was insufficient to demonstrate sustained national or international acclaim.
Next Steps: The Petitioner may consider gathering more comprehensive and compelling evidence that aligns with the required criteria before reapplying.
