Date of Decision: November 24, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Artist
Field: Fine Arts (Painting)
Nationality: Russian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge
The petitioner provided evidence of his participation as a judge in various artistic competitions, meeting the regulatory criterion related to judging the work of others in his field.
Display of Work at Artistic Exhibitions or Showcases
The petitioner displayed his artwork at numerous venues and exhibitions, meeting the criterion related to the public display of his work.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards
The petitioner claimed several awards, but the evidence provided did not establish that these awards were nationally or internationally recognized for excellence in the field.
Published Material About the Petitioner
The articles and other published materials submitted did not meet the requirements for professional or major trade publications. Additionally, some articles lacked author names and citation statistics, which are necessary for meeting this criterion.
Original Contributions of Major Significance
The letters of recommendation provided praised the petitioner’s artistic talents but did not sufficiently demonstrate that his contributions were of major significance to the field of fine arts.
Key Points from the Decision
Awards and Prizes Won:
The petitioner submitted various certificates and a list of awards, including a 2019 gold medal. However, these were not shown to be nationally or internationally recognized.
Published Materials About the Petitioner:
Articles in publications such as Russkaya Reklama and Offer a Job were submitted, but these were not supported by circulation statistics from independent sources, thus failing to meet the criterion for major trade publications.
Original Contributions of Major Significance:
The petitioner’s contributions were recognized by peers through letters of recommendation, but these did not provide specific examples of how his work had a major impact on the field.
Participation as a Judge:
The petitioner successfully demonstrated participation as a judge in artistic competitions, fulfilling this criterion.
Membership in Associations:
The petitioner did not pursue the claim related to membership in associations requiring outstanding achievements, and this issue was deemed waived.
Supporting Documentation
Certificates and Awards:
Various certificates and awards were submitted, but these did not meet the requirement for national or international recognition.
Articles and Media Coverage:
Submitted articles lacked necessary information and independent verification of their status as major media publications.
Letters of Recommendation:
Letters praised the petitioner’s artistic abilities but lacked specific examples of major contributions to the field.
Conclusion
Final Determination:
The appeal was dismissed. The petitioner did not meet the required initial evidence of either a one-time major achievement or the necessary three out of ten criteria for extraordinary ability.
Reasoning:
The petitioner’s evidence did not demonstrate that his awards were nationally or internationally recognized. The published materials about him did not meet the requirements for major media publications, and the letters of recommendation failed to show his contributions were of major significance.
Next Steps:
The petitioner may consider gathering additional, verifiable evidence of his achievements and contributions that meet the specific requirements of the EB1 Extraordinary Ability category before reapplying.