EB-1 Extraordinary Ability USCIS Appeal Review – Artist – NOV012023_01B2203

Date of Decision: NOV. 1, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability

Petitioner Information

Profession: Artist
Field: Visual Arts
Nationality: Not specified

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met:

1. Artistic Exhibitions or Showcases: The petitioner met the criteria for the display of her work in artistic exhibitions or showcases. This was the only criterion deemed met by the Director and affirmed on appeal.

Criteria Not Met:

1. Lesser Nationally or Internationally Recognized Prizes or Awards: The petitioner did not demonstrate that her awards were nationally or internationally recognized beyond the events where they were presented.
2. Membership in Associations: The petitioner did not establish that her memberships in associations required outstanding achievements judged by recognized national or international experts.
3. Published Material About the Petitioner: The petitioner provided additional information on articles but did not demonstrate the significance of circulation figures to establish them as major media.
4. Original Contributions of Major Significance: No new evidence or arguments were provided to overcome the Director’s determination.
5. Authorship of Scholarly Articles: The petitioner did not provide new evidence or arguments to overcome the Director’s determination.
6. Leading or Critical Role: The petitioner did not contest the Director’s conclusions regarding this criterion.
7. High Salary or Remuneration: The petitioner did not submit evidence showing her salary or remuneration was high relative to others in the field.

Key Points from the Decision

Awards and Prizes Won:

• The petitioner provided information regarding art events, but the awards did not command a level of recognition consistent with national or international acclaim.

Published Materials About the Petitioner:

• Additional information was provided, but the significance of the articles was not established in terms of professional or major trade publications.

Original Contributions of Major Significance:

• No new evidence was provided to support this criterion.

Participation as a Judge:

• Not applicable or mentioned in the appeal.

Membership in Associations:

• The petitioner provided copies of emails and membership cards, but the associations did not require outstanding achievements judged by recognized experts.

Authorship of Scholarly Articles:

• No new evidence was provided to support this criterion.

Leading or Critical Role Performed:

• The petitioner did not contest the Director’s conclusions on appeal regarding this criterion.

Artistic Exhibitions or Showcases:

• The petitioner met this criterion, as evidenced by her displays in artistic exhibitions or showcases.

Evidence of High Salary or Remuneration:

• The petitioner provided evidence of high managerial salaries in Canada but did not establish that these were high relative to others in the same field.

Commercial Successes in the Performing Arts:

• Not applicable or mentioned in the appeal.

Supporting Documentation

1. Artistic Exhibitions Evidence:

• Documentation of the petitioner’s work displayed in various artistic exhibitions and showcases.

1. Membership Associations Evidence:

• Copies of emails and membership cards showing petitioner’s membership in several associations.

1. Published Articles:

• Information regarding articles, including title, date, author, and circulation figures.

1. Salary Documentation:

• Copies of the petitioner’s 2004 executive employment contract and Canada pension plan contributions.

Conclusion

Final Determination: The appeal is dismissed.

Reasoning: The petitioner did not demonstrate eligibility as an individual of extraordinary ability by failing to meet at least three of the ten regulatory criteria or provide evidence of a major, internationally recognized award. The evidence provided did not show the required level of national or international acclaim or recognition in her field.

Next Steps: The petitioner should consider gathering stronger evidence of her extraordinary ability, potentially including nationally or internationally recognized awards, and additional documentation meeting the regulatory criteria, before reapplying or appealing further.

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