Date of Decision: July 1, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Painter
Field: Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Not Applicable: No criteria were specifically noted as met in the decision.
Criteria Not Met:
- High Salary: The petitioner provided evidence of a job offer for a graphic design position and a wage comparison from the Department of Labor’s Foreign Labor Certification Data Center. However, the evidence did not demonstrate a high salary as an artist, which is the occupation under which the petitioner sought to establish extraordinary ability.
Key Points from the Decision
Awards and Prizes Won:
Not Applicable
Published Materials About the Petitioner:
Not Applicable
Original Contributions of Major Significance:
Not Applicable
Participation as a Judge:
Not Applicable
Membership in Associations:
Not Applicable
Authorship of Scholarly Articles:
Not Applicable
Leading or Critical Role Performed:
Not Applicable
Artistic Exhibitions or Showcases:
Not Applicable
Evidence of High Salary or Remuneration:
The petitioner disputed the Director’s determination regarding the high salary criterion. The evidence provided, such as the job offer for a graphic design position, was not sufficient to demonstrate a high salary as an artist.
Commercial Successes in the Performing Arts:
Not Applicable
Supporting Documentation
- Job Offer for Graphic Design Position: Provided as evidence for the high salary criterion.
- Wage Comparison from the Department of Labor’s Foreign Labor Certification Data Center: Used to compare the petitioner’s offered salary with average wages.
Conclusion
Final Determination: The appeal is summarily dismissed.
Reasoning: The petitioner failed to specifically identify any erroneous conclusion of law or statement of fact in the Director’s decision. The mere filing of a Form I-290B without identifying specific errors does not trigger an analysis of the criteria or a review of the Director’s decision.
Next Steps: It is recommended that the petitioner thoroughly address the specific criteria and provide concrete evidence to support claims of extraordinary ability in any future filings.
