Date of Decision: JUN. 30, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Artist
Field: Painting (Specialization not specified)
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
Lesser nationally or internationally recognized awards:
The petitioner provided certificates of awards received from various art exhibitions. However, there was no supporting documentation to establish the national or international recognition of these awards. The Director concluded that the evidence provided did not meet the requirements of this criterion.
Membership in associations that require outstanding achievements:
The petitioner claimed membership in several art associations but did not provide sufficient evidence of the membership requirements or that these associations required outstanding achievements judged by recognized experts. Therefore, this criterion was not met.
Participation as a judge of the work of others:
The petitioner submitted certificates indicating she was invited to judge art exhibitions. However, there was no additional documentation confirming her actual participation as a judge or the nature of her judging activities. As such, the criterion was not met.
Evidence of high salary or remuneration:
The petitioner provided bank transaction records indicating income from the sale of artwork. However, there was no corroborative evidence, such as invoices or tax documents, to support these claims. Additionally, there was no comparative evidence to show that this income was significantly high in relation to others in the field.
Key Points from the Decision
Awards and Prizes Won:
The petitioner submitted certificates from various art exhibitions, but these did not demonstrate national or international recognition. The lack of supporting documentation meant that the significance of these awards could not be established.
Membership in Associations:
The petitioner did not provide sufficient evidence to show that her memberships in art associations required outstanding achievements judged by recognized experts. The only documented membership was in an association for which no information on membership criteria was provided.
Participation as a Judge:
While the petitioner submitted certificates indicating invitations to judge art exhibitions, there was no evidence confirming her actual participation or detailing the nature of her judging activities.
Evidence of High Salary or Remuneration:
The petitioner’s bank transaction records were insufficient to establish high salary or significant remuneration in relation to other artists, as there was no additional corroborative evidence or comparative data.
Supporting Documentation
- Award Certificates: Translations of award certificates from various art exhibitions.
- Membership Certificates: A certificate indicating membership in an artist association since 2007.
- Judging Invitations: Certificates inviting the petitioner to judge art exhibitions in 2006 and 2018.
- Bank Transaction Records: Records indicating income from the sale of artwork, without supporting evidence.
Conclusion
Final Determination: Appeal dismissed.
Reasoning: The petitioner did not meet the evidentiary criteria required for the EB1 Extraordinary Ability classification. The documentation provided was insufficient to establish national or international recognition, outstanding achievements, or significant remuneration in the field of art.
Next Steps:
The petitioner may consider gathering more robust documentation and evidence to support future petitions. This includes providing detailed descriptions, supporting documents, and corroborative evidence for awards, memberships, judging activities, and income claims.
