Date of Decision: November 27, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Manager of Creative Services/Senior Graphic Designer
Field: Graphic Design
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge: The Petitioner served on jury panels for the 2018 and 2019 Connections trade shows, satisfying the criterion under 8 C.F.R. § 204.5(h)(3)(iv).
Display at Artistic Exhibitions or Showcases: The Petitioner displayed his artwork at three exhibitions, meeting the criterion under 8 C.F.R. § 204.5(h)(3)(vii).
Leading or Critical Role: The Petitioner served as a manager of creative services and a senior graphic designer, demonstrating leading or critical roles within distinguished organizations, satisfying the criterion under 8 C.F.R. § 204.5(h)(3)(viii).
Criteria Not Met:
High Salary or Remuneration: The Petitioner did not provide sufficient evidence of a high salary compared to others in his field, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(x). The evidence provided included salary data, but the comparison did not establish the Petitioner as earning significantly higher than his peers in the field.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner did not claim or establish receipt of major, 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 did not provide sufficient evidence to demonstrate that his contributions were of major significance in the field.
Participation as a Judge:
The Petitioner participated as a judge in professional settings, meeting this criterion.
Membership in Associations:
Not applicable.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
The Petitioner played leading roles within distinguished organizations, meeting this criterion.
Artistic Exhibitions or Showcases:
The Petitioner’s work was displayed in exhibitions, satisfying this criterion.
Evidence of High Salary or Remuneration:
The Petitioner did not provide sufficient evidence of a high salary compared to others in his field.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The Petitioner provided various supporting documents, including letters of recommendation, articles, and evidence of judging activities. 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 satisfied the criteria for participation as a judge, display at artistic exhibitions, and leading or critical roles, the totality of the evidence did not establish his sustained national or international acclaim or his standing at the very top of his field. The Petitioner did not provide sufficient evidence of a high salary or other criteria to demonstrate his extraordinary ability comprehensively.
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.
