Date of Decision: January 21, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Artist
Field: Visual Arts
Nationality: Peru
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Artistic Display: The Petitioner provided evidence of displaying his work at artistic exhibitions or showcases. However, the supporting documents were uncertified translations, which diminished their probative value.
Criteria Not Met:
- Lesser Awards: The Petitioner claimed several awards but failed to provide sufficient evidence that these were nationally or internationally recognized for excellence in the field. The documents provided lacked certified translations and supporting evidence of the awards’ significance.
- Published Material: The Petitioner submitted articles about his work but did not provide evidence that these were published in professional or major trade publications or other major media. Additionally, the required circulation statistics and certified translations were missing.
- Original Contributions: The Petitioner initially claimed to have made original contributions of major significance but did not pursue this criterion on appeal.
- Leading or Critical Role: The Petitioner claimed to have performed a leading or critical role in distinguished organizations but did not pursue this criterion on appeal.
- Commercial Success: The Petitioner initially claimed commercial success in the performing arts but did not pursue this criterion on appeal.
Key Points from the Decision
Awards and Prizes Won
The Petitioner presented several awards, including the first place in the “I I Painting Competition” and other local recognitions. However, due to the lack of certified translations and supporting evidence, the significance of these awards could not be determined.
Published Materials About the Petitioner
Several articles were submitted, but they did not meet the criteria of being published in major media or professional or major trade publications. The Petitioner also failed to provide the necessary circulation statistics and certified translations.
Original Contributions of Major Significance
No sufficient evidence was provided to demonstrate original contributions of major significance in the field of visual arts.
Participation as a Judge
The Petitioner did not provide evidence to substantiate his participation as a judge in the field of visual arts.
Membership in Associations
The Petitioner mentioned affiliations with certain organizations but did not provide certified translations or detailed evidence of the membership criteria being met.
Authorship of Scholarly Articles
No evidence of authorship of scholarly articles was provided.
Leading or Critical Role Performed
No evidence of the Petitioner performing a leading or critical role in distinguished organizations was presented.
Artistic Exhibitions or Showcases
While the Petitioner listed numerous exhibitions, the supporting documents were uncertified translations, failing to meet the required evidentiary standards.
Evidence of High Salary or Remuneration
No evidence of high salary or remuneration was provided.
Commercial Successes in the Performing Arts
No evidence of commercial successes in the performing arts was presented.
Supporting Documentation
- Certificates of Participation: Provided but uncertified and lacking detail on the exhibitions and the Petitioner’s role.
- Articles and Awards: Presented but without certified translations, reducing their probative value.
- Contracts and Affiliations: Included but not adequately explained or translated.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner failed to meet the initial evidence requirements of demonstrating extraordinary ability through certified documentation. The submitted evidence did not sufficiently demonstrate sustained national or international acclaim.
Next Steps: The Petitioner may consider reapplying with properly certified translations and more robust documentation to meet the required evidentiary criteria.
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