Date of Decision: December 16, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Field of Expertise: Traditional Jewelry Making
Petitioner Information
Profession: Jeweler
Field: Traditional Jewelry Making
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None specified in the document.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: The Director initially found that the Petitioner met this criterion. However, the evidence was found insufficient. The Petitioner claimed to have received the UNESCO Award of Excellence for Handicrafts in 2012, but provided a certificate for the UNESCO Crafts Prize 2016 for the Asia-Pacific Region. The Petitioner did not demonstrate the national or international significance of the award or provide sufficient documentation linking the awards to excellence in the field, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(i).
Membership in Associations: The Petitioner claimed membership in the Association of Craftsmen and Artists, but did not provide sufficient evidence that membership required outstanding achievements judged by recognized national or international experts. The letters provided did not establish the association’s criteria for membership, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(ii).
Published Material: The Petitioner provided articles from The Bukharian Times, Zaman Times, and Buxoroyi Sharif, but did not establish these as major media. Circulation figures and self-promotional material were insufficient to demonstrate the significance of these publications, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(iii).
Original Contributions of Major Significance: The Petitioner submitted letters praising his skills and artistic contributions, but did not provide specific, detailed information or evidence demonstrating that his work had a major impact on the field. The letters did not establish his contributions as of major significance, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(v).
Key Points from the Decision
Awards and Prizes Won:
The Petitioner did not provide evidence of receiving nationally or internationally recognized awards.
Published Materials About the Petitioner:
The Petitioner did not provide sufficient evidence of published material in major media about him.
Original Contributions of Major Significance:
The Petitioner’s contributions were not demonstrated to have major significance in the field.
Participation as a Judge:
The Petitioner did not establish that he participated as a judge of the work of others in the field.
Membership in Associations:
The Petitioner did not establish that his memberships required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
The Petitioner did not establish his roles as leading or critical in distinguished organizations.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The Petitioner provided various supporting documents, including letters of recommendation, articles, and evidence of awards. However, these did not collectively establish the required criteria for extraordinary ability.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not demonstrate that he met at least three of the ten initial evidentiary criteria for extraordinary ability. While the Petitioner provided documentation related to awards, memberships, published material, and original contributions, the evidence was insufficient to establish sustained national or international acclaim or his standing at the very top of his field. The totality of the evidence did not support the Petitioner’s claims.
Next Steps: The Petitioner may consider submitting additional evidence that clearly establishes the major significance of his contributions or explore other immigration options that may better fit his qualifications.
