Date of Decision: August 21, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Illustrator
Field: Illustration and Art Direction
Nationality: [Not Provided in Document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge: The petitioner participated as a judge in artistic competitions, meeting this criterion.
Display at Artistic Exhibitions or Showcases: The petitioner’s work was displayed at various artistic exhibitions and showcases, fulfilling this criterion.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: The petitioner provided evidence of his employer winning a Sol de Plata (Silver Sun) prize, but did not establish that he personally received this award. Inclusion in juried exhibitions did not constitute nationally or internationally recognized prizes or awards.
Original Contributions of Major Significance: The petitioner’s instructional book was used in various educational and therapeutic settings but did not demonstrate a major impact or widespread implementation in the field of illustration.
Leading or Critical Role: The petitioner’s roles in advertising agencies were significant but did not demonstrate that he performed in leading or critical roles for the organizations as a whole.
Key Points from the Decision
Awards and Prizes Won:
The petitioner’s involvement in award-winning projects was established, but the evidence did not demonstrate that he personally received nationally or internationally recognized prizes or awards.
Published Materials About the Petitioner:
Not applicable, as there were no mentions of published materials about the petitioner.
Original Contributions of Major Significance:
The petitioner’s instructional book on sculpting was acknowledged for its educational value, but the evidence did not establish it as a contribution of major significance in the field of illustration.
Participation as a Judge:
The petitioner successfully demonstrated his role in judging the work of others through his participation in artistic competitions.
Membership in Associations:
Not applicable, as no membership in associations was discussed.
Authorship of Scholarly Articles:
Not applicable, as no authorship of scholarly articles was discussed.
Leading or Critical Role Performed:
The petitioner’s role as a senior art director at advertising agencies was acknowledged, but the evidence did not demonstrate that these roles were leading or critical for the organizations as a whole.
Artistic Exhibitions or Showcases:
The petitioner’s work was displayed at numerous artistic exhibitions and showcases, fulfilling this criterion.
Evidence of High Salary or Remuneration:
Not applicable, as no evidence of high salary or remuneration was discussed.
Commercial Successes in the Performing Arts:
Not applicable, as the petitioner’s field does not involve commercial successes in the performing arts.
Supporting Documentation
Reference Letters: Provided letters from professionals recognizing the petitioner’s roles and contributions. However, these letters were insufficient to establish the petitioner’s eligibility under the claimed criteria.
Award Documents: Included documentation of the Sol de Plata (Silver Sun) prize, but this did not establish the petitioner as the personal recipient.
Book and Educational Impact: Evidence of the petitioner’s instructional book’s use in various settings was provided but did not demonstrate a major impact in the field of illustration.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the initial evidentiary criteria and failed to demonstrate sustained national or international acclaim or recognition in his field. The evidence provided was found to be insufficient to establish his eligibility for the EB1 classification.
Next Steps: The petitioner may consider gathering more comprehensive and corroborative evidence to support his claims, focusing on independent recognition and demonstrating how his work has had a significant impact on his field.
