Date of Decision: July 11, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Furniture Designer
Field: Arts and Design
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Lesser Nationally or Internationally Recognized Prizes or Awards:
- The petitioner provided evidence of awards but failed to show that they were widely recognized outside of his immediate organization or industry niche.
- Display of Work at Artistic Exhibitions:
- Evidence demonstrated that the petitioner’s furniture designs were displayed at exhibitions.
Criteria Not Met:
- Published Material About the Petitioner:
- The petitioner submitted online articles and foreign publications discussing his work but did not provide corroborating evidence that these articles were published in professional or major trade publications.
- The translations of the foreign articles were incomplete and did not comply with 8 C.F.R. § 103.2(b)(3), failing to certify completeness and translator competency.
- Circulation and ranking data for the publications were not provided to substantiate their prominence.
Key Points from the Decision
Published Material:
The petitioner claimed that articles about him were published in major trade publications and newspapers. However, the Administrative Appeals Office (AAO) determined that he did not provide sufficient evidence of the publications’ prominence or circulation compared to other media.
Translations:
Translations of foreign-language articles did not meet USCIS regulatory requirements. The translations lacked certification of completeness and translator qualifications.
Final Merits Determination Not Reached:
Since the petitioner did not meet at least three regulatory criteria, the AAO did not conduct a final merits determination to assess sustained national or international acclaim.
Supporting Documentation
Awards Evidence: Provided but lacked sufficient documentation to establish wide recognition.
Artistic Exhibitions: Proof of participation in exhibitions was sufficient.
Published Articles: Insufficient due to lack of corroboration and non-compliance with regulatory standards for translations.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner met two evidentiary criteria under 8 C.F.R. § 204.5(h)(3) but failed to meet the regulatory requirement of at least three. The record did not demonstrate sustained national or international acclaim or recognition as one of the small percentage at the very top of his field.
