Date of Decision: May 19, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Art Director
Field: Oil Painting
Nationality: Chinese
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Artistic Exhibitions or Showcases: The Beneficiary displayed several oil paintings at international exhibitions, supported by brochures containing the Beneficiary’s named works.
Criteria Not Met:
- Nationally or Internationally Recognized Prizes or Awards: The submitted awards were found to be local or regional, lacking national or international recognition.
- Membership in Associations: No evidence demonstrated that membership in the art associations was based on outstanding achievements recognized nationally or internationally.
- Published Materials About the Petitioner: The publications were not certified and did not qualify as major trade publications or major media.
- Original Contributions of Major Significance: No specific evidence demonstrated major significant contributions in the field of art direction.
- High Salary or Remuneration: No comparative evidence provided to show that the salary was significant relative to the field standards.
Key Points from the Decision
Awards and Prizes Won:
- The Beneficiary’s awards were deemed local and not of the significant level required for this category.
Published Materials About the Petitioner:
- Articles provided were about the Beneficiary’s work as an oil painter, not as an art director, and lacked necessary certifications.
Original Contributions of Major Significance:
- Contributions as an oil painter were noted, but not in the field of art direction as required by the visa category.
Evidence of High Salary or Remuneration:
- The Beneficiary’s proposed salary as an art director did not meet the high standards expected for this category.
Supporting Documentation
- Art exhibition brochures and photographs of the Beneficiary’s work.
- Certificates and awards for oil painting.
- Employment offer as an Art Director with a specified salary.
Conclusion
Final Determination: The appeal is dismissed. The evidence provided was insufficient to prove that the Beneficiary meets the extraordinary ability criteria as an Art Director in the field of oil painting.
Reasoning: The Beneficiary’s achievements in oil painting did not translate into qualifications for an art director role, which requires evidence of direct achievements in that specific role.
Next Steps: It is recommended that the Petitioner reevaluate the alignment of the Beneficiary’s proven skills with the job role or provide additional evidence directly relevant to art direction.
