Date of Decision: February 17, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Illustration Artist
Field: Digital Illustration for Video Games
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge: The petitioner served as a jury member for the “League of Legends 2014 Painting Competition” and the “Illustration Content in Taiwan” in 2015.
Display of Work at Artistic Exhibitions: The petitioner’s work was displayed at several exhibitions, including the “Fantas Digital Art Exhibition” and the “Digital Art Creation Exhibition” at the Folklore Culture Museum.
Criteria Not Met:
Published Material: Although there were several articles and interviews about the petitioner, most of them did not qualify as being in major trade publications or major media. Only the interview on gamer.com.tw was considered to meet this criterion.
Awards and Prizes: The petitioner received second place in the “Illustration Painting Competition” in 2018. However, the award was not deemed prestigious or indicative of national or international acclaim.
Key Points from the Decision
Awards and Prizes Won:
The petitioner received second place in the “Illustration Painting Competition” in 2018, which included a cash prize and a sweatshirt. However, this award was not considered prestigious or recognized in the broader field of digital illustration art.
Published Materials About the Petitioner:
An interview of the petitioner was published on gamer.com.tw, which is recognized as a major medium in Taiwan. Other publications, such as CG Art Style and Mars CG, were not supported by sufficient evidence to be considered major trade publications.
Original Contributions of Major Significance:
The petitioner was involved in creating digital illustrations primarily for video games and contributed artwork for books featuring digital art. However, the evidence did not establish that these contributions led to sustained national or international acclaim.
Participation as a Judge:
The petitioner served as a judge for the “League of Legends 2014 Painting Competition” and the “Illustration Content in Taiwan” in 2015. These roles demonstrated expertise but did not show the level of acclaim required for the visa classification.
Membership in Associations:
The petitioner served as the executive supervisor of an arts association, which indicated respect from peers but did not demonstrate the required level of acclaim or that the position was reserved for those at the top of the field.
Supporting Documentation
Reference Letters: Letters from other artists and colleagues recognized the petitioner’s talent but did not provide sufficient evidence of national or international acclaim.
Exhibition Records: Documentation of the petitioner’s work displayed at various exhibitions, with some media coverage, but lacking evidence of significant national or international attention.
Published Interviews: Several interviews and articles about the petitioner’s work, with only one meeting the criterion for major media.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not provide sufficient evidence to demonstrate sustained national or international acclaim or that he is among the small percentage at the very top of his field. The evidence, while showing the petitioner as a respected and talented artist, did not meet the high standards required for the EB1 Extraordinary Ability classification.
Next Steps:
The petitioner may consider gathering more substantial and recognized evidence of national or international acclaim.
Alternatively, exploring other visa classifications that may have different evidentiary requirements could be beneficial.
This decision highlights the stringent criteria for the EB1 Extraordinary Ability classification and underscores the importance of providing robust and well-documented evidence of exceptional achievements and recognition in the field.
