Date of Decision: February 3, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
- Profession: Artist
- Field: Oil Painting
- Nationality: Not specified in the document
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Display of Work at Artistic Exhibitions:
The Petitioner provided evidence of her work being displayed in various group and solo exhibitions, such as the 2018 Summer Exhibition at an art museum and solo exhibitions at local art centers .
Authorship of Scholarly Articles:
The Petitioner authored textbooks on display and lighting design, which were used in professional art courses and printed in several editions .
Participation as a Judge:
The Petitioner served as a judge for the Design Award, reviewing creative works in her field .
Criteria Not Met:
Awards and Prizes Won:
The Petitioner did not provide evidence of receiving major, internationally recognized awards. The awards she did receive were not deemed to bring her national or international acclaim .
Published Materials About the Petitioner:
Articles and interviews about the Petitioner’s work were posted on popular websites, but the evidence did not demonstrate that these were widely read or distributed, and thus not indicative of national or international acclaim .
Original Contributions of Major Significance:
the Petitioner’s reference letters described her work as innovative, they did not demonstrate widespread acclaim or influence in the art field .
Evidence of High Salary or Remuneration:
Evidence of the commercialization of her work was insufficient to demonstrate significant acclaim, as it lacked supporting documentation like contracts or sales receipts .
Key Points from the Decision
Awards and Prizes Won:
The Petitioner’s awards, such as the Summer Exhibition Award and the Artist designation, did not indicate top-level recognition. Many artists received the same awards, diluting their significance .
Published Materials About the Petitioner:
Articles posted on websites like sina.com and sohu.com did not provide adequate evidence of the Petitioner’s national or international acclaim due to their general nature and broad traffic statistics .
Original Contributions of Major Significance:
Reference letters praised the Petitioner’s innovative style but failed to show that her work had a significant impact on the field .
Participation as a Judge:
The Petitioner’s role as a judge for the Design Award was recognized but did not demonstrate the required level of acclaim in her field .
Authorship of Scholarly Articles:
The Petitioner’s textbooks on display and lighting design were used in educational settings, fulfilling one of the evidentiary criteria .
Artistic Exhibitions or Showcases:
Her participation in various exhibitions was noted, but the documentation provided did not support national or international recognition .
Evidence of High Salary or Remuneration:
The provided documentation on the sale and commercialization of her work lacked sufficient proof to establish significant acclaim .
Supporting Documentation
Exhibition Catalogs and Articles:
Documentation of participation in group and solo exhibitions .
Textbook Publications:
Copies and publication details of her textbooks on display and lighting design
Letters of Recommendation:
Reference letters from colleagues and professionals in the art field .
Judging Panel Documentation:
Evidence of her role as a judge in design competitions .
Conclusion
Final Determination:
The appeal was dismissed due to insufficient evidence of sustained national or international acclaim and not meeting the criteria for classification as an individual of extraordinary ability .
Reasoning:
The documentation provided did not establish the Petitioner’s place among the top in her field, nor did it show significant recognition or influence at the national or international level .
Next Steps:
The Petitioner may consider gathering more substantial evidence of major awards, significant contributions, and broader recognition in the field before reapplying or appealing again.
