Date of Decision: November 24, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Artist
Field: Art
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published Material: The Petitioner provided articles and a television broadcast showing media coverage in his home country, meeting the criterion under 8 C.F.R. § 204.5(h)(3)(iii).
Participation as a Judge: The Petitioner participated as a judge of the work of others in the field, satisfying the criterion under 8 C.F.R. § 204.5(h)(3)(iv).
Display at Artistic Exhibitions or Showcases: The Petitioner displayed his work at several exhibitions and showcases, meeting the criterion under 8 C.F.R. § 204.5(h)(3)(vii).
Criteria Not Met:
None specified in the document.
Key Points from the Decision
Awards and Prizes Won:
No evidence provided.
Published Materials About the Petitioner:
The Petitioner provided several published articles and a transcript of a television broadcast showing media coverage. The Director determined that this coverage satisfies the criterion for published material in major media.
Original Contributions of Major Significance:
The Petitioner documented several lucrative commercial projects with prominent clients, supporting the claim of major significance. However, this criterion was not explicitly listed as met in the document.
Participation as a Judge:
The Petitioner participated as a judge for various art events and competitions, meeting this criterion.
Membership in Associations:
The Petitioner claimed to have submitted comparable evidence equivalent to criterion (viii), relating to a leading or critical role for distinguished organizations or establishments.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
The Petitioner’s roles included large, prominent outdoor murals and commercial projects for prominent clients, indicating leading roles in distinguished organizations.
Artistic Exhibitions or Showcases:
The Petitioner’s work was displayed in various exhibitions, satisfying this criterion.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The Petitioner provided various supporting documents, including letters from prospective clients, published articles, and evidence of judging activities. These collectively established the required criteria for extraordinary ability.
Conclusion
Final Determination: The appeal was sustained.
Reasoning: The Petitioner demonstrated that he met at least three of the ten initial evidentiary criteria for extraordinary ability. The evidence provided established his published material as major media, his roles as leading or critical in distinguished organizations, and his work displayed at artistic exhibitions. The Petitioner also demonstrated his intention to continue working in his field in the United States and that his entry would substantially benefit the country.
Next Steps: The Petitioner qualifies for classification as an individual of extraordinary ability and may continue working in the United States in his area of expertise.
