Date of Decision: January 16, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Carpet Weaving Artist
Field: Traditional Uzbek Carpet Weaving
Nationality: [Not specified in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Display of Work at Artistic Exhibitions or Showcases
The petitioner demonstrated that her work had been displayed at several artistic exhibitions, including the 2017 [exhibition name] in New Mexico and the 2017 [exhibition name] in Central Asia.
Criteria Not Met:
Criterion 1: Receipt of Lesser Nationally or Internationally Recognized Prizes or Awards
The petitioner claimed to have received the “international” 2016 [Award Name] Prize for the Asia-Pacific region but did not demonstrate how this award constitutes a nationally or internationally recognized award for excellence in the field of carpet weaving. The evidence provided did not include sufficient information about the award’s national or international significance or the criteria for its recognition.
Criterion 2: Membership in Associations
The petitioner claimed membership in the Uzbek Association of Artisans, Craftsmen, and Folk Artists. However, the evidence did not demonstrate that this membership required outstanding achievements judged by recognized national or international experts. The provided letters were primarily conclusory and lacked additional evidence to support the claim.
Criterion 3: Published Material About the Petitioner
The petitioner provided an article published in Bukhoroi Oqshomi. However, there were no circulation statistics or other evidence to establish that this newspaper is considered major media.
Criterion 4: Original Contributions of Major Significance
The petitioner claimed that her mastery and adaptation of Uzbek carpet weaving techniques constituted original contributions. However, the letters provided did not sufficiently identify her original contributions or demonstrate how her work has been of major significance in the field.
Criterion 5: Authorship of Scholarly Articles
The petitioner claimed to have authored scholarly articles but did not provide sufficient evidence to establish this criterion.
Key Points from the Decision
Awards and Prizes Won:
The petitioner claimed an international award but did not provide sufficient evidence of its national or international recognition for excellence in carpet weaving.
Published Materials About the Petitioner:
The petitioner provided an article from Bukhoroi Oqshomi, but it did not meet the requirement for published material in major media.
Original Contributions of Major Significance:
The petitioner did not sufficiently demonstrate that her contributions were of major significance to the field of carpet weaving.
Participation as a Judge: Not applicable
Membership in Associations:
The petitioner did not provide sufficient evidence that her memberships required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
The petitioner claimed to have authored scholarly articles but did not provide sufficient evidence to support this claim.
Leading or Critical Role Performed: Not applicable
Artistic Exhibitions or Showcases:
The petitioner’s work was displayed in several artistic exhibitions and showcases, fulfilling this criterion.
Evidence of High Salary or Remuneration: Not applicable
Commercial Successes in the Performing Arts: Not applicable
Supporting Documentation
Articles and Publications: An article published in Bukhoroi Oqshomi.
Letters of Reference: Letters from colleagues and associates detailing the petitioner’s contributions and roles.
Award Documentation: Information about the [Award Name] Prize.
Exhibition Records: Documentation of the petitioner’s work being displayed in artistic exhibitions.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner did not provide sufficient evidence to meet at least three of the required criteria for demonstrating extraordinary ability. The evidence submitted did not establish national or international recognition of her achievements or demonstrate major contributions to the field of traditional Uzbek carpet weaving. The petitioner did not show that her professional accomplishments placed her among the small percentage at the very top of her field.
Next Steps:
The petitioner may consider gathering more substantial evidence of extraordinary ability, focusing on awards with national or international recognition, significant contributions, and other achievements that demonstrate standing at the top of the field. Exploring other immigration options that may be more suitable given the evidence available is also recommended.
