Date of Decision: DEC. 19, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Embroiderer
Field: Embroidery
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Display of the alien’s work in the field at artistic exhibitions or showcases:
The petitioner demonstrated participation in various artistic exhibitions and showcases, fulfilling this criterion.
Criteria Not Met:
Lesser nationally or internationally recognized prizes or awards:
The petitioner provided evidence of several awards, but these were not demonstrated to be nationally or internationally recognized for excellence in the field. The awards included UNESCO Award of Excellence for Handicraft Products in 2012 and The People’s Embroidery Award in 2018. However, these awards did not meet the criteria for national or international recognition.
Membership in associations that require outstanding achievements:
The petitioner claimed membership in the Association of Artisans, Craftsmen, and Folk Artists, but did not provide sufficient evidence that this membership required outstanding achievements judged by recognized national or international experts.
Published material about the individual in professional or major trade publications or other major media:
The petitioner submitted articles from publications like Tasvir and Zar Tasvir Plus, but these publications were not established as major media. The articles did not sufficiently focus on the petitioner’s work and contributions.
Participation as a judge of the work of others:
The petitioner provided letters indicating participation in exhibitions, but did not demonstrate formal judging roles that meet the criteria. The evidence did not establish that the petitioner participated as a judge of the work of others in the field.
Original contributions of major significance:
The petitioner provided letters from experts claiming significant contributions, but these letters lacked detailed evidence and corroboration. The contributions were not shown to have a major impact on the field.
Authorship of scholarly articles:
The petitioner submitted articles, but they did not meet the definition of scholarly articles as they were not peer-reviewed and lacked references to sources. The publications were also not established as professional or major trade publications.
Leading or critical role for organizations or establishments that have a distinguished reputation:
The petitioner did not provide sufficient evidence of performing in a leading or critical role for distinguished organizations. The documentation provided did not establish the organizations’ distinguished reputation or the significance of the petitioner’s roles.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings:
The petitioner provided certificates from various competitions, but the evidence did not establish that these awards were nationally or internationally recognized.
Published Materials About the Petitioner:
Summary of findings:
The articles provided did not meet the standards for major trade publications or major media, nor did they contain sufficient details such as titles, dates, and authors.
Original Contributions of Major Significance:
Summary of findings:
The contributions claimed by the petitioner were not substantiated as being of major significance to their field. The letters provided did not adequately demonstrate the significant impact of the petitioner’s work on the industry as a whole.
Participation as a Judge:
Summary of findings:
The petitioner provided evidence of participation in exhibitions, but did not demonstrate formal judging roles that meet the criteria.
Membership in Associations:
Summary of findings:
The petitioner did not demonstrate that his memberships in associations required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
Summary of findings:
The petitioner did not provide sufficient evidence that his articles were published in professional or major trade publications or other major media.
Leading or Critical Role Performed:
Summary of findings:
The petitioner did not demonstrate that they held a leading or critical role in organizations with a distinguished reputation. The evidence provided did not meet the required standards.
Artistic Exhibitions or Showcases:
Summary of findings:
The petitioner’s participation in various artistic exhibitions and showcases met this criterion.
Evidence of High Salary or Remuneration:
Summary of findings:
The petitioner did not provide sufficient evidence to demonstrate that their salary was significantly high in relation to others in the field.
Commercial Successes in the Performing Arts:
Summary of findings:
Not applicable.
Supporting Documentation
- Exhibition Participation:
Documentation of the petitioner’s participation in various artistic exhibitions. - Award Certificates:
Certificates from various embroidery competitions were provided, but they did not demonstrate national or international recognition. - Expert Letters:
Letters from experts claimed contributions but lacked detailed evidence of major significance. - Published Articles:
Articles provided did not establish publication in major trade or professional media. - Salary Comparison:
Inadequate comparison to similar roles in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner did not meet the required initial evidence of either a one-time achievement or documents that fulfill at least three of the ten lesser criteria. The totality of the material provided did not support a conclusion that the petitioner has established the acclaim and recognition required for the classification sought. The evidence did not demonstrate that the petitioner is among the small percentage at the very top of their field.
Next Steps:
It is recommended that the petitioner consider alternative visa classifications or provide additional evidence addressing the deficiencies noted in the appeal decision.
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