Date of Decision: August 3, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Motion Graphics Artist
Field: Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
Artistic Display:
The petitioner demonstrated that her work had been exhibited at artistic showcases, including exhibitions at prestigious venues in Italy. This evidence met the criterion for artistic display under 8 C.F.R. § 204.5(h)(3)(vii).
Criteria Not Met
Lesser Nationally or Internationally Recognized Prizes or Awards:
The petitioner claimed eligibility based on an award, but failed to provide evidence demonstrating that the award is nationally or internationally recognized for excellence in her field. The petitioner’s documentation did not reflect receipt of the award, and no basis was given to support its national or international recognition.
Published Material:
The petitioner submitted samples of her advertising work and documentation of her conference presentations, but these did not constitute published material about her in professional or major trade publications. The submitted documents lacked the necessary English translations and did not meet the regulatory requirements.
Original Contributions of Major Significance:
Reference letters praised the petitioner’s talents but did not demonstrate how her contributions significantly impacted the field as a whole. The letters lacked specific examples and merely repeated regulatory language without detailed evidence of the petitioner’s major significance in the field.
High Salary or Remuneration:
The petitioner presented evidence of her earnings, which were high nationally but not exceptionally high relative to the California average for her profession. The comparative salary data provided did not establish that her remuneration was significantly high compared to others in the field.
Key Points from the Decision
Awards and Prizes Won
The petitioner failed to prove that the claimed award was nationally or internationally recognized. The documentation did not confirm the receipt or the recognition status of the award.
Published Materials About the Petitioner
The materials provided were primarily about the petitioner’s work rather than about her, as required. Without proper documentation in major trade publications or media, this criterion was not met.
Original Contributions of Major Significance
The reference letters did not adequately support claims of significant contributions to the field. General praise and regulatory language without concrete examples of significant impact were insufficient.
Evidence of High Salary or Remuneration
The petitioner’s earnings, while above the national average, did not surpass the high average for her region, failing to demonstrate a significantly high remuneration in relation to others in her field.
Supporting Documentation
- Exhibition Records: Documented displays at artistic showcases in Italy.
- Reference Letters: Various letters from industry professionals, praising the petitioner’s skills but lacking evidence of significant contributions.
- Salary Comparisons: Data showing petitioner’s earnings compared to national and regional averages.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner failed to meet at least three of the ten regulatory criteria necessary for EB-1 classification. Evidence provided did not support claims of lesser awards, published material, original contributions, or high salary relative to peers.
Next Steps: It is recommended that the petitioner review the evidentiary requirements and consider obtaining more substantial documentation or evidence that can clearly demonstrate eligibility under the criteria for EB-1 classification.
