Date of Decision: April 23, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Artist Blacksmith
Field: Metalworking and Design
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
Published Material in Major Media: The Petitioner submitted evidence that included an article about the Beneficiary in “Daily News Hungary,” which was considered a major media publication.
Display at Artistic Exhibitions or Showcases: The Petitioner demonstrated that the Beneficiary’s work was displayed at national blacksmith exhibitions and other events qualifying as artistic exhibitions or showcases.
Leading or Critical Role: The Beneficiary performed a critical role as a master artist-blacksmith for the petitioning company, which enjoys a distinguished reputation in the niche industry of architectural metalworking.
Criteria Not Met
Lesser Nationally or Internationally Recognized Prizes or Awards: The Petitioner claimed several awards, including the 2017 Award for Craftmanship and Artisanship and a 1st Place certificate from the 2nd National Exhibition of Blacksmith Works in Hungary (2001). However, the evidence showed that these awards were given to the Petitioner or the project rather than the Beneficiary personally. Additionally, the Petitioner did not provide sufficient information or evidence regarding the national or international significance of these awards.
Membership in Associations: The Petitioner was a member of the Hungarian Blacksmith Guild. However, the membership was based on his ability to present pieces of work proving professional knowledge and artistic talent rather than outstanding achievements judged by recognized national or international experts.
Original Contributions of Major Significance: The Petitioner provided letters and testimonials praising the Beneficiary’s skills and contributions. However, the evidence did not demonstrate how his contributions were widely implemented or significantly impacted the field. The letters lacked specific details on the significance and impact of his contributions.
High Salary or Remuneration: The Petitioner provided salary data, indicating that the Beneficiary’s earnings were slightly above average for a blacksmith in his area and with his level of experience. However, the evidence did not establish that his salary was significantly high in relation to others in the field.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: The Petitioner did not establish that he personally received nationally or internationally recognized awards.
Published Materials About the Petitioner:
Summary of findings: The Petitioner submitted an article from “Daily News Hungary,” which was considered a major media publication. However, other submitted articles did not meet the required standards for major media coverage or were not primarily about the Petitioner.
Original Contributions of Major Significance:
Summary of findings: The Petitioner did not provide sufficient evidence to demonstrate original contributions of major significance in the field. The letters lacked specific details on how the contributions significantly influenced the field.
Participation as a Judge:
Summary of findings: No evidence provided.
Membership in Associations:
Summary of findings: The Petitioner did not provide sufficient evidence to establish that memberships required outstanding achievements judged by recognized national or international experts.
Authorship of Scholarly Articles:
Summary of findings: No evidence provided.
Leading or Critical Role Performed:
Summary of findings: The Petitioner performed a critical role as a master artist-blacksmith for the petitioning company, satisfying this criterion.
Artistic Exhibitions or Showcases:
Summary of findings: The Petitioner demonstrated that the Beneficiary’s work was displayed at national blacksmith exhibitions and other events qualifying as artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
Summary of findings: The Petitioner did not establish that his salary is high in relation to others in the field.
Commercial Successes in the Performing Arts:
Summary of findings: No evidence provided.
Supporting Documentation
Award Materials: Provided but did not establish national or international recognition for the individual.
Articles and Publications: Included an article from “Daily News Hungary” and other materials that did not meet the standards for major media coverage.
Letters from Colleagues and Organizations: Praised the Petitioner’s work but lacked sufficient detail to demonstrate major significance or critical roles.
Salary Documentation: Insufficient for establishing high remuneration.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner met three criteria but did not provide sufficient evidence to demonstrate sustained national or international acclaim or that he is among the small percentage at the very top of his field. The totality of the evidence did not support a finding of the required acclaim and recognition for the classification sought.
Next Steps: The Petitioner must provide more substantial and specific evidence to meet the criteria for extraordinary ability classification.
