Date of Decision: JAN. 19, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Artist
Field: Visual Arts
Nationality: Venezuela
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Participation as a Judge: The petitioner provided evidence of her participation as a judge in various artistic exhibitions.
Criteria Not Met:
- Awards and Prizes: The petitioner failed to provide certified translations of awards and prizes, and the documentation did not demonstrate that these were nationally or internationally recognized for excellence in her field.
- Membership in Associations: The petitioner did not provide evidence that her memberships required outstanding achievements judged by recognized experts.
- Artistic Exhibitions or Showcases: The petitioner did not sufficiently demonstrate that her work was displayed in artistic exhibitions or showcases due to uncertified translations and lack of detail.
Key Points from the Decision
Awards and Prizes Won:
The petitioner claimed several awards but did not submit certified English translations, making it difficult to assess the validity and significance of these awards.
Published Materials About the Petitioner:
The petitioner did not pursue claims related to published material about her in the appeal.
Original Contributions of Major Significance:
No significant evidence was provided to demonstrate original contributions of major significance in her field.
Participation as a Judge:
The petitioner presented certificates of participation as a judge, but without certified translations and detailed descriptions, these could not be verified as significant.
Membership in Associations:
The petitioner failed to demonstrate that her memberships were based on outstanding achievements judged by experts.
Authorship of Scholarly Articles:
No evidence was provided regarding authorship of scholarly articles.
Leading or Critical Role Performed:
The petitioner did not provide sufficient evidence of leading or critical roles in distinguished organizations.
Artistic Exhibitions or Showcases:
The petitioner’s exhibitions lacked certified translations and details, making it difficult to verify their significance.
Evidence of High Salary or Remuneration:
No evidence was provided regarding high salary or remuneration in comparison to others in her field.
Commercial Successes in the Performing Arts:
No evidence was provided regarding commercial successes.
Supporting Documentation
- Certificates and Awards:
- Various certificates recognizing participation and awards, but lacking certified translations.
- Articles and Publications:
- Articles mentioning the petitioner’s work, but without certified translations.
- Contracts and Agreements:
- Contracts related to exhibitions, but lacking detail and certified translations.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not meet the initial evidence requirements by failing to provide certified translations and substantial documentation for the claimed criteria. The overall evidence did not demonstrate sustained national or international acclaim or that the petitioner is among the small percentage at the top of her field.
Next Steps: It is recommended that the petitioner provide certified translations and more substantial evidence for any future applications.
