Date of Decision: December 19, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Craftsperson
Field: Visual Arts
Nationality: Uzbekistan
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Display of Work: The petitioner has exhibited her artwork in Uzbekistan, Russia, and Spain, satisfying the criterion for display of work at artistic exhibitions or showcases under 8 C.F.R. § 204.5(h)(3)(vii).
Criteria Not Met:
Membership in Associations: The petitioner claimed membership in the Artists Trade Union of Russia (ATUR) and the Eurasian Art Union (EAU). However, it was determined that the petitioner did not provide sufficient evidence to show that these associations require outstanding achievements judged by recognized national or international experts.
Awards and Prizes Won: No major, internationally recognized awards were provided.
Published Materials About the Petitioner: Insufficient evidence was presented to meet this criterion.
Original Contributions of Major Significance: No substantial evidence was provided to demonstrate original contributions of major significance in the field.
Participation as a Judge: The petitioner did not meet the requirements for this criterion.
Authorship of Scholarly Articles: No evidence of authorship of scholarly articles in the field was presented.
Leading or Critical Role Performed: The petitioner did not demonstrate leading or critical roles within organizations or establishments with distinguished reputations.
Evidence of High Salary or Remuneration: The petitioner did not provide sufficient evidence of high salary or significantly higher remuneration compared to others in the field.
Commercial Successes in the Performing Arts: No evidence of commercial successes in the performing arts was provided.
Key Points from the Decision
Awards and Prizes Won: Not applicable as the petitioner did not meet this criterion.
Published Materials About the Petitioner: Not applicable as the petitioner did not meet this criterion.
Original Contributions of Major Significance: Not applicable as the petitioner did not meet this criterion.
Participation as a Judge: Not applicable as the petitioner did not meet this criterion.
Membership in Associations: The petitioner’s membership in ATUR and EAU did not fulfill the requirements because these memberships do not necessitate outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles: Not applicable as the petitioner did not meet this criterion.
Leading or Critical Role Performed: Not applicable as the petitioner did not meet this criterion.
Artistic Exhibitions or Showcases: The petitioner satisfied this criterion by exhibiting her artwork internationally.
Evidence of High Salary or Remuneration: Not applicable as the petitioner did not meet this criterion.
Commercial Successes in the Performing Arts: Not applicable as the petitioner did not meet this criterion.
Supporting Documentation
- ATUR Membership Card and Certificate: Provided but did not establish membership based on outstanding achievements.
- EAU Membership Card and Statute: Provided but did not demonstrate a requirement of outstanding achievements judged by recognized experts.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not meet the initial evidence requirements of demonstrating a major, internationally recognized award or satisfying at least three of the ten alternate regulatory criteria. The evidence provided did not support the claim of extraordinary ability as defined by the USCIS regulations.
Next Steps: The petitioner may consider gathering additional substantial evidence to support the required criteria and reapplying if new, qualifying documentation becomes available.
