Date of Decision: DEC. 30, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Painter and Performance Artist
Field: Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
(i) Sustained national or international acclaim: The petitioner did not provide evidence of a one-time achievement or sustained national or international acclaim.
(ii) Display at exhibitions or showcases: The director’s decision inconsistently addressed this criterion, ultimately stating that the petitioner did meet this requirement.
Criteria Not Met:
(ii) Evidence of membership in associations: Initially misinterpreted by the director due to incorrect references to table tennis associations.
(iii) Published material about the petitioner: Erroneous references to sports media unrelated to the petitioner’s field.
Key Points from the Decision
Awards and Prizes Won:
The director’s decision did not address awards and prizes pertinent to the petitioner’s field in the arts, focusing incorrectly on unrelated sports achievements.
Published Materials About the Petitioner:
Misinterpretation by the director included irrelevant references to table tennis.
Original Contributions of Major Significance:
The director’s decision lacked clarity and focused on incorrect references to other fields rather than assessing contributions in the arts.
Participation as a Judge:
No evidence of participation as a judge in the field of arts was provided or assessed accurately by the director.
Membership in Associations:
The petitioner explicitly stated there was no membership in any associations, contrary to the director’s initial assessment.
Authorship of Scholarly Articles:
No scholarly articles or similar publications were referenced correctly by the director in the decision.
Leading or Critical Role Performed:
The decision did not adequately address or evaluate the petitioner’s role within the arts field.
Artistic Exhibitions or Showcases:
The director’s inconsistent findings on this criterion required a reevaluation, leading to the decision being withdrawn and remanded.
Evidence of High Salary or Remuneration:
The decision did not provide relevant analysis or findings regarding the petitioner’s salary or remuneration.
Commercial Successes in the Performing Arts:
No evaluation or reference to commercial successes was correctly made in the initial decision.
Supporting Documentation
- Petitioner’s Brief on Appeal: Provided a detailed critique of the director’s decision, highlighting significant errors.
- Director’s Initial Decision: Incorrectly referenced unrelated sports achievements.
- Evidence Submitted by the Petitioner: Included documentation specific to the arts, not adequately considered in the initial decision.
Conclusion
Final Determination: The decision by the Director, Texas Service Center, is withdrawn, and the matter is remanded for further consideration.
Reasoning: The director’s decision included substantial errors, referencing unrelated fields, and providing inconsistent analysis.
Next Steps: The Director must issue a new decision with specific findings, allowing the petitioner to present a meaningful appeal.
