Date of Decision: January 21, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Artist
Field: Contemporary Art
Nationality: [Not specified in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Published Material About the Petitioner
The petitioner met the criterion relating to published material about him and his work, as evidenced by previous documentation in the record.
Criterion 2: Display of Work at Artistic Exhibitions or Showcases
The petitioner demonstrated that his work has been displayed at various artistic exhibitions and showcases, fulfilling this criterion.
Criteria Not Met:
Criterion 1: Original Contributions of Major Significance
The petitioner submitted new evidence including an excerpt from a book titled “Ten Years of Contemporary Art Documental,” which featured his work. However, the evidence did not sufficiently articulate how his contributions have had a major influence or significance in the field of contemporary art.
Criterion 2: Other Criteria Claimed
The petitioner did not meet other claimed criteria, as the evidence provided did not substantiate significant influence or recognition required for the EB1 classification.
Key Points from the Decision
Awards and Prizes Won: Not applicable
Published Materials About the Petitioner:
The petitioner was previously acknowledged for published material about his work, meeting this criterion.
Original Contributions of Major Significance:
Despite new evidence provided on motion, the petitioner did not demonstrate how his artistic contributions have significantly influenced or impacted the field.
Participation as a Judge: Not applicable
Membership in Associations: Not applicable
Authorship of Scholarly Articles: Not applicable
Leading or Critical Role Performed: Not applicable
Artistic Exhibitions or Showcases:
The petitioner’s work has been displayed in various artistic exhibitions and showcases, fulfilling this criterion.
Evidence of High Salary or Remuneration: Not applicable
Commercial Successes in the Performing Arts: Not applicable
Supporting Documentation
Book Excerpt: An excerpt from “Ten Years of Contemporary Art Documental,” featuring the petitioner’s work.
Letters from Fellow Artists: Letters discussing the petitioner’s biographical information and work.
Personal Statement: An August 2018 personal statement from the petitioner.
Conclusion
Final Determination: The motion to reopen was dismissed.
Reasoning:
The petitioner did not provide new evidence demonstrating that he meets the initial requirements for the EB1 classification. The additional evidence submitted did not establish the significant impact or influence of the petitioner’s contributions in the field of contemporary art.
Next Steps:
The petitioner may consider gathering more substantial evidence of extraordinary ability, focusing on demonstrating major contributions, influence, and recognition in the field. Reapplying or exploring other immigration options that may be more suitable given the evidence available is also recommended.
