Date of Decision: December 14, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Artist
Field: Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published Material: The petitioner met the criterion for published material, as her work was discussed in several major media publications, including detailed articles in “Art Newspaper” and “Art in America” that focused on her artistic work.
Display of Work: The petitioner satisfied the criterion for displaying her work at artistic exhibitions and showcases, with evidence of her artwork being displayed in exhibitions in the United States, Iran, and China.
Criteria Not Met:
Original Contributions of Major Significance: The petitioner did not demonstrate that her contributions had a major impact on the field. While there were positive reviews and sales of her artwork, this did not establish original contributions of major significance in the field of visual arts. Testimonials from art professionals praised her work but did not provide specific examples of how her work significantly influenced the field or other artists.
High Salary or Other Significantly High Remuneration: The petitioner provided evidence of her artwork sales, but did not compare her earnings to others in her field to demonstrate that she commanded a high salary.
Intent to Continue Work in Area of Expertise: The petitioner did not provide sufficient evidence to demonstrate that she would continue to work in her area of extraordinary ability upon entering the United States. While she provided a letter confirming her part-time employment as a lecturer, this was not shown to be in her claimed area of extraordinary ability.
Key Points from the Decision
Awards and Prizes Won:
Not applicable in this case.
Published Materials About the Petitioner:
The petitioner’s work was discussed in several major media publications, including “Art Newspaper” and “Art in America.” These articles focused on her artistic work and recognized her contributions.
Original Contributions of Major Significance:
The petitioner did not provide sufficient evidence to demonstrate that her contributions had a major impact on the field of visual arts. While her work received positive reviews, this alone did not establish that her contributions were of major significance.
Participation as a Judge:
Not applicable in this case.
Membership in Associations:
The petitioner did not provide sufficient evidence to show that her memberships in various art associations reflected sustained national or international acclaim.
Authorship of Scholarly Articles:
Not applicable in this case.
Leading or Critical Role Performed:
The petitioner did not demonstrate that she held a leading or critical role in organizations with distinguished reputations.
Artistic Exhibitions or Showcases:
The petitioner’s work was displayed at several artistic exhibitions and showcases, meeting this criterion.
Evidence of High Salary or Remuneration:
The petitioner did not compare her earnings to others in her field to demonstrate that she commanded a high salary.
Commercial Successes in the Performing Arts:
Not applicable in this case.
Supporting Documentation
- Certificates and Awards: Documentation of awards earned by the petitioner.
- Articles and Publications: Various articles featuring the petitioner’s work in major media publications.
- Letters of Support: Letters from art professionals and colleagues praising her work, but lacking specific examples of significant impact.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the required criteria for EB-1 classification. Despite notable achievements, the petitioner did not establish the level of extraordinary ability required. Additionally, the petitioner did not provide sufficient evidence to demonstrate her intent to continue working in her area of extraordinary ability.
Next Steps: The petitioner should consider reapplying with additional evidence or exploring other visa categories that may better suit her qualifications and achievements.
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