Date of Decision: January 21, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Artist
Field: Painting
Nationality: Peruvian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Display of work at artistic exhibitions or showcases: The petitioner successfully demonstrated that his work has been displayed at artistic exhibitions or showcases.
Criteria Not Met:
Lesser Awards: The petitioner did not provide sufficient evidence to show that the awards received were nationally or internationally recognized for excellence in the field of endeavor. The documentation lacked certified English translations and objective circulation figures to support claims of national recognition.
Published material in major trade publications or other major media: The petitioner submitted several articles, but failed to prove that these were published in professional or major trade publications. The lack of circulation statistics and proper translations diminished the probative value of this evidence.
Key Points from the Decision
Awards and Prizes Won:
The petitioner claimed several awards, but failed to demonstrate their national or international significance. The lack of certified English translations and supporting documentation from the awarding entities led to the dismissal of this criterion.
Published Materials About the Petitioner:
Several articles were submitted; however, they were not established to be in major media or professional publications. The petitioner also did not provide circulation data to prove national reach.
Original Contributions of Major Significance:
The petitioner initially claimed to meet this criterion but did not pursue it on appeal, resulting in it being waived and not addressed in the final decision.
Participation as a Judge:
Not applicable as this criterion was not claimed or pursued.
Membership in Associations:
Not applicable as this criterion was not claimed or pursued.
Authorship of Scholarly Articles:
Not applicable as this criterion was not claimed or pursued.
Leading or Critical Role Performed:
The petitioner initially claimed to meet this criterion but did not pursue it on appeal, resulting in it being waived and not addressed in the final decision.
Artistic Exhibitions or Showcases:
The petitioner successfully demonstrated his work was displayed at artistic exhibitions or showcases, satisfying this criterion.
Evidence of High Salary or Remuneration:
Not applicable as this criterion was not claimed or pursued.
Commercial Successes in the Performing Arts:
The petitioner initially claimed to meet this criterion but did not pursue it on appeal, resulting in it being waived and not addressed in the final decision.
Supporting Documentation
- Awards and Prizes: Articles from La Industria without certified translations and lacking national recognition.
- Published Materials: Articles from various publications, but without circulation statistics or proof of being major media.
- Exhibitions: Sufficient evidence of artistic exhibitions.
Conclusion
Final Determination: Appeal dismissed
Reasoning: The petitioner failed to meet the required initial evidence of either a one-time achievement or documents that satisfy at least three of the ten criteria. The evidence provided did not establish sustained national or international acclaim or recognition at the top of the field.
Next Steps: The petitioner should consider gathering more robust evidence, including proper translations and documentation, and may reapply if additional qualifying evidence is available.
