Date of Decision: May 3, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Artist
Field: Painting
Nationality: [Nationality not provided]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Display at artistic exhibitions or showcases
The Petitioner met the criterion related to the display of work at artistic exhibitions or showcases. This was acknowledged by both the Director and the Administrative Appeals Office (AAO).
Criteria Not Met:
Lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor
The Petitioner did not meet this criterion as the awards provided, such as the “Honorable Mention” from the Oil Painters of America (OPA) and two other art contests, were not deemed to have national or international recognition.
Membership in associations that require outstanding achievements of their members
The Petitioner did not demonstrate membership in associations that require outstanding achievements judged by recognized experts. The submitted evidence did not meet the regulatory language requirements.
Evidence of high salary or other significantly high remuneration for services, in relation to others in the field
The Petitioner’s evidence of high remuneration, including invoices and gallery listings, was insufficient to establish that the Petitioner commanded significantly high remuneration in comparison to others in the field.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner’s awards, such as the honorable mention from the OPA and other art contests, were not considered nationally or internationally recognized.
Membership in Associations:
The evidence provided did not establish that the Petitioner’s memberships met the regulatory requirements of requiring outstanding achievements judged by recognized experts.
Evidence of High Salary or Remuneration:
The Petitioner submitted invoices showing sales of paintings, but these did not sufficiently demonstrate significantly high remuneration compared to peers in the field.
Supporting Documentation
Oil Painters of America (OPA) Award Documentation:
Honorable mention letter from OPA.
Additional materials from OPA about the award.
Membership Evidence:
Email from an art association welcoming the Petitioner as a member after the petition filing date.
Printout from the association’s website describing membership criteria.
Remuneration Evidence:
Invoices showing sales prices of paintings from 2014 to 2020.
Printouts from an online gallery listing prices of the Petitioner’s work.
Conclusion
Final Determination: Appeal dismissed.
Reasoning:
The Petitioner did not provide sufficient new evidence to meet the required criteria for the EB1 Extraordinary Ability classification. The appeal remained dismissed as the Petitioner did not overcome the initial grounds for denial.
Next Steps:
It is recommended that the Petitioner consider addressing the specific deficiencies noted in the decision, possibly including gathering more substantial evidence of nationally or internationally recognized awards, verifiable memberships in associations with rigorous entry criteria, and comprehensive documentation of high remuneration in relation to peers.
This blog post summarizes the key details and decision of a USCIS EB1 Extraordinary Ability appeal case, providing an in-depth look at the criteria analysis and the rationale behind the final determination.
