Date of Decision: March 5, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Artist
Field: Arts
Nationality: [Nationality Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Criterion: Published Material: Evidence submitted was acknowledged.
- Criterion: Display of Work: Evidence submitted was acknowledged.
Criteria Not Met:
- Criterion: Original Contributions of Major Significance: The petitioner submitted letters and additional documents, but they lacked specific details about the impact and significance of his contributions.
- Criterion: Other criteria were either not mentioned or not met according to the provided document.
Key Points from the Decision
Awards and Prizes Won
- Summary of Findings: Not applicable.
- Key Quotes or References: Not mentioned in the decision.
Published Materials About the Petitioner
- Summary of Findings: Published materials about the petitioner were recognized as one of the criteria met.
- Key Quotes or References: Specific details about the published materials were not provided in the summary.
Original Contributions of Major Significance
- Summary of Findings: The petitioner’s submitted materials did not demonstrate specific contributions of major significance.
- Key Quotes or References: “Letters that lack specifics and simply use hyperbolic language do not add value, and are not considered to be probative evidence that may form the basis for meeting this criterion.”
Participation as a Judge
- Summary of Findings: Not applicable.
- Key Quotes or References: Not mentioned in the decision.
Membership in Associations
- Summary of Findings: Not applicable.
- Key Quotes or References: Not mentioned in the decision.
Authorship of Scholarly Articles
- Summary of Findings: Not applicable.
- Key Quotes or References: Not mentioned in the decision.
Leading or Critical Role Performed
- Summary of Findings: Not applicable.
- Key Quotes or References: Not mentioned in the decision.
Artistic Exhibitions or Showcases
- Summary of Findings: The petitioner’s work was displayed in exhibitions.
- Key Quotes or References: Specific details were not provided in the summary.
Evidence of High Salary or Remuneration
- Summary of Findings: Not applicable.
- Key Quotes or References: Not mentioned in the decision.
Commercial Successes in the Performing Arts
- Summary of Findings: Not applicable.
- Key Quotes or References: Not mentioned in the decision.
Supporting Documentation
- List of Supporting Documents:
- Letters from Fellow Artists: These letters praised the petitioner’s work but lacked specifics about his impact on the field.
- Additional Documentation: Submitted documents were reviewed but did not provide new facts or evidence that met the criteria for reconsideration.
Conclusion
Final Determination: The petitioner’s combined motions were denied because they did not meet the motion filing requirements and failed to provide new, substantial evidence for reconsideration.
Reasoning: The petitioner did not establish that the previous decision was based on an incorrect application of law or policy, nor did he submit new evidence demonstrating that he meets the initial requirements for the classification.
Next Steps: The petitioner may seek further legal counsel or consider gathering more substantial evidence to support future petitions.
