Date of Decision: August 22, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Artist
Field: Art and Art Instruction
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Published Materials About the Petitioner
The petitioner provided evidence of published materials about her work as an artist.
Criterion 2: Artistic Display
The petitioner demonstrated her artistic displays.
Criteria Not Met:
Criterion 1: Awards and Prizes
The petitioner submitted certificates from an art promotion organization. The submitted evidence did not establish that these awards are nationally or internationally recognized for excellence in the field.
Criterion 2: Membership in Associations
The petitioner claimed membership in the Pastel Society of America (PSA). However, the evidence did not show that membership required outstanding achievements judged by recognized national or international experts.
Criterion 3: Original Contributions of Major Significance
The petitioner cited her YouTube channel as an original contribution. The evidence did not demonstrate that her contributions were of major significance in the field of art.
Key Points from the Decision
Awards and Prizes Won:
- The petitioner’s awards from a specific art competition were not deemed nationally or internationally recognized. The competition’s entry process involved paying fees to submit artworks, and the awards did not have a substantial evaluative criterion for excellence.
Published Materials About the Petitioner:
- The petitioner met this criterion by providing evidence of published materials about her and her work.
Original Contributions of Major Significance:
- The petitioner’s YouTube channel, despite having a substantial number of subscribers and views, was not considered an original contribution of major significance. The evidence did not show a significant impact on the field of art.
Membership in Associations:
- The petitioner’s membership in PSA was not sufficient to meet the criterion of requiring outstanding achievements judged by experts. The membership requirements did not align with the regulatory standards for extraordinary ability classification.
Supporting Documentation
- Certificates from Art Competitions: Submitted to demonstrate awards but found insufficient for meeting the criteria.
- PSA Membership Certificate: Showed membership but did not meet the standard for outstanding achievements.
- YouTube Channel Data: Provided statistics on subscribers and views but lacked evidence of major significance in contributions.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the necessary evidentiary criteria to establish eligibility for EB1 classification. The provided evidence did not demonstrate the required level of sustained national or international acclaim or contributions of major significance in the field of art.
Next Steps: The petitioner may consider gathering more substantial and qualifying evidence if intending to reapply for the EB1 classification in the future.
