Date of Decision: January 19, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Artist
Field: Visual Arts
Nationality: Venezuela
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge: The Petitioner provided certificates indicating participation as a judge in various exhibitions. However, due to uncertified translations and lack of corroborating evidence, this criterion was not convincingly met.
Artistic Display: The Petitioner listed several individual and collective exhibitions. However, the supporting documents were uncertified translations, making it impossible to validate the nature and significance of these exhibitions.
Criteria Not Met:
- Awards and Prizes: The Petitioner claimed various awards, including from the Venezuelan Chapter of the International Association and other local recognitions. These were unsupported by certified translations and did not demonstrate national or international recognition.
- Membership in Associations: The Petitioner cited affiliations with various organizations but failed to provide evidence of membership requirements or confirmation of membership through certified translations.
Key Points from the Decision
Awards and Prizes Won
The Petitioner presented several awards, but due to the lack of certified translations, the significance of these awards could not be determined. For example, the “Award” from the Venezuelan Chapter of the International Association was claimed to be nationally recognized, but this was not substantiated with adequate evidence.
Published Materials About the Petitioner
No significant published materials about the Petitioner were presented, as the translations provided were uncertified and lacked credibility.
Original Contributions of Major Significance
The Petitioner did not submit sufficient evidence to demonstrate original contributions of major significance in the field of visual arts.
Participation as a Judge
Certificates indicated the Petitioner served as a judge in various exhibitions, but due to the lack of detailed information and certified translations, this criterion was not fully substantiated.
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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