Date of Decision: April 30, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Digital Artist
Field: Digital Art
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Judging: The petitioner served as a judge in the digital art field.
Display of Work: The petitioner displayed her work at artistic exhibitions or showcases.
Criteria Not Met:
Published Material: The petitioner submitted screenshots and transcriptions of televised interviews, but these did not meet the criteria for published material in major media.
Membership in Associations: The petitioner did not provide sufficient evidence to satisfy this criterion.
Original Contributions of Major Significance: The evidence provided did not demonstrate original contributions of major significance.
Leading or Critical Role: The petitioner did not sufficiently demonstrate that she performed in a leading or critical role for distinguished organizations.
Commercial Successes in the Performing Arts: The petitioner did not provide evidence of commercial successes in the performing arts.
Key Points from the Decision
Awards and Prizes Won:
Summary of Findings: Not addressed as a met criterion in the decision.
Published Materials About the Petitioner:
Summary of Findings: The petitioner’s submitted evidence, such as YouTube screenshots and television interview transcripts, did not qualify as published material in major media. Additionally, the translations were not properly certified.
Original Contributions of Major Significance:
Summary of Findings: The evidence did not demonstrate that the petitioner made original contributions of major significance to the digital art field.
Participation as a Judge:
Summary of Findings: The petitioner met this criterion by serving as a judge in digital art competitions and events.
Membership in Associations:
Summary of Findings: The petitioner did not provide sufficient evidence to meet this criterion.
Authorship of Scholarly Articles:
Summary of Findings: Not specifically addressed in the decision.
Leading or Critical Role Performed:
Summary of Findings: The petitioner failed to demonstrate that her roles were leading or critical to the success of distinguished organizations.
Artistic Exhibitions or Showcases:
Summary of Findings: The petitioner met this criterion by displaying her work at artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
Summary of Findings: Not specifically addressed in the decision.
Commercial Successes in the Performing Arts:
Summary of Findings: The petitioner did not provide evidence of commercial successes in the performing arts.
Supporting Documentation
List of Supporting Documents: Various YouTube screenshots, transcriptions, testimonial letters, and untranslated foreign-language documents were submitted but found insufficient to meet the required criteria.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The petitioner did not satisfy at least three of the ten initial evidentiary criteria.
The petitioner did not establish sustained national or international acclaim.
The evidence did not demonstrate that the petitioner is among the small percentage at the very top of the field of endeavor.
Next Steps:
The petitioner may need to gather additional substantial evidence or seek alternative immigration options. Further appeals or motions should include specific reasons for reconsideration and new evidence to support the claims.
