Date of Decision: September 13, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Center for Painting and Calligraphy Exhibitions
Field: Arts
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- None: The petitioner failed to meet any of the regulatory criteria for the EB-1 extraordinary ability category.
Criteria Not Met:
- One-time achievement: The petitioner did not provide documentation of a one-time achievement (that is, a major, internationally recognized award).
- Documentation of at least three of the ten regulatory criteria: The petitioner failed to provide sufficient evidence to meet at least three of the ten criteria set forth at 8 C.F.R § 204.5(h)(3).
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not provide evidence of receiving any significant national or international awards or prizes.
Published Materials About the Petitioner:
No substantial published materials were presented to support the petitioner’s acclaim in the field of arts.
Original Contributions of Major Significance:
The petitioner did not present sufficient documentation to establish any original contributions of major significance in the field.
Participation as a Judge:
There was no evidence provided showing participation as a judge of the work of others in the same or allied field.
Membership in Associations:
The petitioner failed to provide evidence of membership in associations that require outstanding achievements of their members.
Authorship of Scholarly Articles:
No documentation was provided to support authorship of scholarly articles in professional or major trade publications or other major media.
Leading or Critical Role Performed:
The petitioner did not provide evidence of leading or critical roles for organizations or establishments that have a distinguished reputation.
Artistic Exhibitions or Showcases:
No evidence was submitted to show participation in artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
There was no evidence of a high salary or other significantly high remuneration for services, in relation to others in the field.
Commercial Successes in the Performing Arts:
The petitioner did not present evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
Supporting Documentation
- Reference Letter: Submitted but did not sufficiently support the petitioner’s claims.
- Program Book: Provided but not deemed sufficient to meet the evidentiary criteria.
Conclusion
Final Determination: The motions to reopen and reconsider are denied.
Reasoning: The petitioner did not file the motion within the required timeframe and failed to demonstrate that the delay was reasonable and beyond their control. Furthermore, the petitioner did not meet the burden of proof required to establish eligibility for the EB-1 extraordinary ability classification.
Next Steps: The petitioner may consider submitting a new petition with additional evidence or seek other appropriate immigration pathways.
