Date of Decision: February 6, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
- Profession: Photographer
- Field: Arts
- Nationality: [Not specified in the document]
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- None: Upon de novo review, the Administrative Appeals Office concluded that the Petitioner did not meet any of the required criteria.
Criteria Not Met:
- Documentation of the individual’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor: The Petitioner received a 2017 first place award in “news photography” from a statewide competition in Florida. However, the evidence did not demonstrate that this award is nationally or internationally recognized.
- Published material about the individual in professional or major trade publications or other major media, relating to the individual’s work in the field for which classification is sought: The Petitioner provided materials from various sources, but they did not meet the regulatory requirements as they were not from major media or professional publications.
- Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases: The Petitioner’s photographs appeared in media covering newsworthy events but were not shown to be featured in artistic exhibitions or showcases.
- Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation: The Petitioner’s role as a photographer, including internships and contract work, did not sufficiently demonstrate a leading or critical role within the organizations.
Key Points from the Decision
Awards and Prizes Won:
- The Petitioner’s award was not recognized nationally or internationally and thus did not meet the criterion for excellence in the field of endeavor.
Published Materials About the Petitioner:
- The materials provided did not qualify as major media or professional publications, failing to establish the Petitioner’s eligibility.
Original Contributions of Major Significance:
- No evidence was found to support claims of original contributions of major significance in the Petitioner’s field.
Participation as a Judge:
- Not applicable as no evidence was provided.
Membership in Associations:
- Not applicable as no evidence was provided.
Authorship of Scholarly Articles:
- The Petitioner did not provide any scholarly articles written by him.
Leading or Critical Role Performed:
- The Petitioner’s roles as a photographer were not substantiated as leading or critical within reputable organizations.
Artistic Exhibitions or Showcases:
- The Petitioner’s work was not demonstrated to be part of any artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
- Not applicable as no evidence was provided.
Commercial Successes in the Performing Arts:
- Not applicable as no evidence was provided.
Supporting Documentation
- Various materials were submitted to support the claim, but none met the required evidentiary standards for extraordinary ability in the arts.
Conclusion
Final Determination: The appeal was dismissed as the Petitioner did not meet the required evidentiary criteria.
Reasoning: The Petitioner failed to demonstrate national or international recognition and did not provide sufficient evidence to meet any of the regulatory criteria necessary for the classification sought.
Next Steps: The Petitioner may consider submitting additional or more comprehensive evidence if available, or exploring other immigration classifications for which he may be eligible.
