Date of Decision: April 5, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Painter
Field: Folk Art
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Display of work at artistic exhibitions or showcases:
The petitioner provided evidence of his artwork being displayed at exhibitions, satisfying this criterion.
Criteria Not Met:
Membership in associations that require outstanding achievements:
The petitioner claimed membership in the Association of Folk Artisans and Artists, but did not provide sufficient evidence that this membership required outstanding achievements judged by recognized experts.
Published materials in major media:
The petitioner submitted articles from regional newspapers, but did not demonstrate that these publications qualify as major media or provide complete and accurate translations of the articles.
Original contributions of major significance:
While the petitioner submitted letters of recommendation, they did not specifically articulate the major significance of his contributions to the field of folk art.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not claim any major, internationally recognized awards.
Published Materials About the Petitioner:
Articles from regional newspapers were submitted, but they did not meet the standard for major media publications, and some translations were inconsistent.
Original Contributions of Major Significance:
The petitioner’s letters of recommendation praised his skills but did not provide detailed evidence of his contributions’ significant impact on the field.
Participation as a Judge:
Not applicable in this case.
Membership in Associations:
The petitioner did not provide sufficient evidence to meet this criterion.
Authorship of scholarly articles:
The petitioner claimed eligibility for this criterion on appeal but did not meet the initial evidentiary requirement of three criteria, making it unnecessary to evaluate this further.
Leading or critical role performed:
Not applicable in this case.
Artistic Exhibitions or Showcases:
The petitioner successfully demonstrated this criterion with evidence of his artwork being displayed.
Evidence of High Salary or Remuneration:
Not addressed in the document.
Commercial successes in the Performing Arts:
Not applicable in this case.
Supporting Documentation
Letters from industry experts and professionals
Articles from regional newspapers
Certificates and documentation of exhibitions
Samples of the petitioner’s artwork
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet at least three of the ten initial evidentiary criteria required for classification as an individual of extraordinary ability. The evidence provided was insufficient to establish sustained national or international acclaim and recognition at the very top of his field.
Next Steps: The petitioner may consider gathering more comprehensive evidence of his individual acclaim and contributions to strengthen a future petition or explore other visa options suitable for his qualifications and achievements.
