Date of Decision: OCT. 29, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Miniaturist
Field: Traditional Uzbek Miniature Art
Nationality: Uzbekistan
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Display of Artwork
The Petitioner exhibited his work at artistic exhibitions and showcases in Asia and the United States, satisfying the criterion for artistic display.
Criteria Not Met:
Criterion 1: Lesser Nationally or Internationally Recognized Prizes or Awards
The Petitioner did not demonstrate that the awards he received are nationally or internationally recognized for excellence in his field. The evidence provided did not establish the national or international significance of the awards or their basis for excellence.
Criterion 2: Membership in Associations
The Petitioner failed to show that his membership in the association requires outstanding achievements judged by recognized national or international experts. The provided letters did not corroborate the membership requirements sufficiently.
Criterion 3: Published Material About the Petitioner
The Petitioner did not establish that the publications about him are from major media or professional trade publications. The newspaper Bukhara Sharif was not demonstrated to be a major medium.
Criterion 4: Original Contributions of Major Significance
The recommendation letters did not provide detailed information to support the claim that the Petitioner’s contributions have significantly impacted the field. The letters were deemed insufficiently specific and overly general.
Criterion 5: Authorship of Scholarly Articles
The Petitioner’s book did not qualify as a scholarly article in a professional or major trade publication. The evidence did not establish the book’s standing as a major medium or its target audience as learned individuals.
Key Points from the Decision
Awards and Prizes Won
The Petitioner claimed several awards, but the evidence did not support their national or international recognition or significance in the field. Notably, almost half of all entries received the “Award of Excellence,” diminishing its exclusivity and significance.
Published Materials About the Petitioner
The Petitioner provided an article from Bukhara Sharif but did not demonstrate that it is a major medium. The supporting letters failed to provide independent, objective evidence of the newspaper’s standing.
Original Contributions of Major Significance
The letters of recommendation praised the Petitioner’s skills and experience but did not detail how his work has had a significant impact on the field. Specific, detailed evidence of the Petitioner’s influence on the field was lacking.
Participation as a Judge, Membership in Associations, Authorship of Scholarly Articles, Leading or Critical Role, Artistic Exhibitions or Showcases, Evidence of High Salary or Remuneration, Commercial Successes in the Performing Arts
The Petitioner did not meet the criteria for these categories due to insufficient evidence or lack of detailed supporting documentation.
Supporting Documentation
- Certificates and Awards: Included certificates for various awards, but lacked evidence of their national or international recognition.
- Letters of Recommendation: Provided multiple letters, but they were not detailed enough to support claims of original contributions or major significance.
- Published Articles: An article from Bukhara Sharif, which did not qualify as a major medium.
- Exhibition Documentation: Evidence of exhibitions, which did meet one criterion for artistic display.
Conclusion
Final Determination: Appeal Dismissed
Reasoning: The Petitioner did not meet at least three of the required criteria for extraordinary ability. The evidence provided was insufficient in demonstrating the national or international acclaim or major significance in the field required for this visa classification.
Next Steps: The Petitioner may consider gathering more substantial and detailed evidence or exploring alternative visa classifications that may be more aligned with his achievements.
