Date of Decision: April 29, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Photographer
Field: Photography
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Lesser Nationally or Internationally Recognized Awards: The petitioner received various photography awards.
Published Material: Published material about the petitioner and his work.
Display of Work: The petitioner’s work was displayed at several artistic exhibitions.
Judging: The petitioner served as a judge of the work of other photographers.
Criteria Not Met:
The final merits determination concluded that the petitioner did not demonstrate sustained national or international acclaim or show that he is among the small percentage at the very top of his field.
Key Points from the Decision
Lesser Nationally or Internationally Recognized Awards:
Summary of Findings: The petitioner received multiple awards for his photography, including a PSA Gold Medal and a “lifetime photography achievement award.” However, the awards were not considered the top awards in the field, indicating that the petitioner is not among the top photographers on a national or international scale.
Published Materials About the Petitioner:
Summary of Findings: Articles about the petitioner were published in various media, including French and Chinese publications. While the publications recognized the petitioner’s work, the record lacked evidence to show that these publications had a significant impact within the field of photography.
Display of Work:
Summary of Findings: The petitioner displayed his work at various exhibitions in China and Europe, including prestigious venues such as the Foto Festival. However, the record did not include information from independent sources to show that these exhibitions were considered prestigious by the international photography community.
Judging:
Summary of Findings: The petitioner served as a judge at the Photography Art Exhibition, demonstrating recognition of his expertise. However, there was no evidence that this exhibition was prestigious or that selection as a judge was reserved for top photographers.
Supporting Documentation
List of Supporting Documents:
Awards and certificates
Articles and publications
Letters from peers and organizations
Evidence of participation in exhibitions
Evidence of judging activities
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The petitioner did not demonstrate sustained national or international acclaim.
The petitioner did not show that he is among the small percentage at the very top of his field.
The evidence did not support the petitioner’s claim of extraordinary ability.
Next Steps:
The petitioner may need to gather additional substantial evidence or seek alternative immigration options. Further motions should include specific reasons for reconsideration and new evidence to support the claims.
