Date of Decision: October 2, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Artist
Field: Arts
Nationality: Unspecified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Evidence of one-time achievement (a significant, international recognized award) – Not established.
Criteria Not Met:
Criterion 1: Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
Criterion 2: Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields.
Criterion 3: Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation.
Criterion 4: Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought.
Criterion 5: Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
Criterion 6: Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications, or other major media.
Criterion 7: Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases.
Criterion 8: Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
Criterion 9: Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.
Criterion 10: Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
Key Points from the Decision
Awards and Prizes Won: None established.
Published Materials About the Petitioner: None established.
Original Contributions of Major Significance: Not demonstrated.
Participation as a Judge: Not demonstrated.
Membership in Associations: Not demonstrated.
Authorship of Scholarly Articles: Not demonstrated.
Leading or Critical Role Performed: Not demonstrated.
Artistic Exhibitions or Showcases: Not demonstrated.
Evidence of High Salary or Remuneration: Not demonstrated.
Commercial Successes in the Performing Arts: Not demonstrated.
Supporting Documentation
- Pay Stubs: Provided but did not change the outcome.
- Letter of Support from Employer: Provided but did not address the reasons for the initial denial.
Conclusion
Final Determination: The motion to reopen and reconsider is dismissed. The appeal remains dismissed, and the underlying petition remains denied.
Reasoning: The petitioner did not provide new facts or evidence that would change the outcome of the decision. The petitioner also failed to address the summary dismissal of the appeal in their motion to reopen and reconsider.
Next Steps: The petitioner may consider gathering substantial new evidence that directly addresses the criteria not met in the initial decision and submitting a new petition.
