Date of Decision: FEB. 06, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Photographer
Field: Arts
Nationality: [Nationality not specified in the provided text]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
- Lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor (8 C.F.R. § 204.5(h)(3)(i)):
- The petitioner provided evidence of a 2017 first place award in “news photography” from a competition, but it was deemed not nationally or internationally recognized. The award was seen as recognized locally or statewide.
- Published material about the individual in professional or major trade publications or other major media (8 C.F.R. § 204.5(h)(3)(iii)):
- The petitioner presented materials from online blogs and media announcements, but they did not meet the criteria for being from professional or major trade publications or major media. Additionally, the materials lacked sufficient detail, such as the title, date, and author, as required.
- Display of the alien’s work at artistic exhibitions or showcases (8 C.F.R. § 204.5(h)(3)(vii)):
- The petitioner’s photographs were featured in online and print media but not in venues considered “artistic exhibitions or showcases” such as galleries or museums.
- Performing in a leading or critical role for organizations or establishments with a distinguished reputation (8 C.F.R. § 204.5(h)(3)(viii)):
- Although the petitioner’s photographs appeared in major media, there was insufficient evidence to prove he performed in a leading or critical role within those organizations. The roles described, such as a contract photographer, did not demonstrate leadership or critical contributions to the organizations’ successes.
Key Points from the Decision
Awards and Prizes Won:
- The petitioner’s award was not considered nationally or internationally recognized, as the competition was viewed as local or statewide.
Published Materials About the Petitioner:
- Materials provided did not meet the criteria of professional or major trade publications or major media.
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:
- The petitioner’s claimed roles lacked sufficient evidence of leadership or critical importance.
Artistic Exhibitions or Showcases:
- The petitioner’s work was not demonstrated to be part of artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
- Not applicable.
Commercial Successes in the Performing Arts:
- Not applicable.
Supporting Documentation
- Contest Rules and Entry Requirements: Provided but insufficient to prove national or international recognition.
- Media Announcements: Insufficient as they were seen as local or state-level announcements.
- Letters from Photojournalists: Lacked specific details proving leading or critical roles.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
- The petitioner did not meet the necessary criteria for extraordinary ability as defined under 8 C.F.R. § 204.5(h)(3). The evidence provided was insufficient to prove sustained national or international acclaim or significant contributions to the field.
Next Steps:
- The petitioner may consider gathering more substantial evidence to support claims of extraordinary ability, focusing on meeting at least three of the ten regulatory criteria. They may also seek professional guidance to better present their achievements and contributions in future petitions or appeals.
