Date of Decision: OCT. 22, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Multimedia Installation Artist
Field: Visual Arts
Nationality: [Country]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Display of the alien’s work at artistic exhibitions or showcases:
The petitioner exhibited his work in Europe and the United States, which was acknowledged as meeting this criterion.
Criteria Not Met:
Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor:
The petitioner failed to prove that the grants and awards cited were recognized for excellence in his field on a national or international level.
Published material about the alien in professional or major trade publications or other major media:
The petitioner provided articles but failed to demonstrate that these publications were major media or major trade publications with the required author and publication information.
Original contributions of major significance in the field:
The petitioner did not provide sufficient evidence to support that his contributions were of major significance in his field.
Key Points from the Decision
Awards and Prizes Won:
The petitioner claimed receipt of a grant and several awards. However, these were deemed to be financial assistance for development rather than recognition for excellence.
Published Materials About the Petitioner:
The petitioner submitted several articles, but they were either lacking required details or did not qualify as major media.
Original Contributions of Major Significance:
The petitioner did not sufficiently demonstrate that his work had a significant impact in his field.
Participation as a Judge:
No evidence was provided to support this criterion.
Membership in Associations:
No evidence was provided to support this criterion.
Authorship of Scholarly Articles:
No evidence was provided to support this criterion.
Leading or Critical Role Performed:
No evidence was provided to support this criterion.
Artistic Exhibitions or Showcases:
The petitioner met this criterion by demonstrating exhibitions in both Europe and the United States.
Evidence of High Salary or Remuneration:
No evidence was provided to support this criterion.
Commercial Successes in the Performing Arts:
No evidence was provided to support this criterion.
Supporting Documentation
- Grant from [Organization]: Screenshots showing financial support for development in the visual arts, not recognized as an award for excellence.
- Award from Museum of Contemporary Art: Invitation letter for an exhibition, not recognized as an award for excellence.
- Articles from Vogue Man Nederland and NRC Handelsblad: Lacking required author and publication information, and not established as major media.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner did not meet the required three criteria out of ten to qualify for EB-1 classification. The evidence provided was either insufficient or did not meet the required standards for demonstrating sustained national or international acclaim.
Next Steps:
The petitioner may consider providing more robust evidence for each criterion or reapplying with additional documentation to support their claims.
Download the Full Petition Review Here
