Date of Decision: February 7, 2020
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:
Criterion 1: Judging the Work of Others
The petitioner served on a jury for several photography exhibitions, fulfilling the criterion for judging the work of others.
Criterion 2: Display of Work at Artistic Exhibitions or Showcases
The petitioner displayed his work in several photography exhibitions, meeting the criterion for artistic display.
Criteria Not Met:
Criterion 1: Membership in Associations
The petitioner argued that his membership in the China Photographers Association (CPA) met this criterion. However, the evidence did not demonstrate that the membership was based on outstanding achievements judged by recognized national or international experts.
Criterion 2: Original Contributions of Major Significance
The petitioner submitted letters from colleagues and evidence of his photographic work being selected for various exhibitions. However, the letters did not provide specific, detailed information explaining how the petitioner’s contributions were of major significance to the field of photography.
Criterion 3: Leading or Critical Role
The petitioner claimed his role as a curator at a museum met this criterion. While he performed as a curator, the evidence did not sufficiently demonstrate that the museum had a distinguished reputation or that his role was of significant importance to the organization’s activities.
Key Points from the Decision
Awards and Prizes Won: Not applicable
Published Materials About the Petitioner: Not applicable
Original Contributions of Major Significance:
The petitioner did not demonstrate how his photographic work had a major influence or significance in the field.
Participation as a Judge:
The petitioner met this criterion by serving on a jury for several photography exhibitions.
Membership in Associations:
The petitioner’s membership in the CPA did not meet the criterion as it was not shown to be based on outstanding achievements judged by experts.
Authorship of Scholarly Articles: Not applicable
Leading or Critical Role Performed:
The petitioner did not sufficiently demonstrate that his role as a curator was leading or critical in an organization with a distinguished reputation.
Artistic Exhibitions or Showcases:
The petitioner’s work was displayed in several artistic exhibitions and showcases, fulfilling this criterion.
Evidence of High Salary or Remuneration: Not applicable
Commercial Successes in the Performing Arts: Not applicable
Supporting Documentation
Membership Card: Membership card for the China Photographers Association.
Reference Letters: Letters from colleagues and associates detailing the petitioner’s contributions.
Exhibition Records: Documentation of the petitioner’s participation in various photography exhibitions.
Articles and Catalogues: Articles and catalogues discussing the petitioner’s photographic works.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner did not provide sufficient evidence to meet at least three of the required criteria for demonstrating extraordinary ability. The evidence submitted did not establish national or international recognition of his awards or demonstrate major contributions to the field of photography. While the petitioner served as a judge and displayed his work in exhibitions, these accomplishments did not place him among the small percentage at the very top of his field.
Next Steps:
The petitioner may consider gathering more substantial evidence of extraordinary ability, focusing on awards with national or international recognition, significant contributions, and other achievements that demonstrate his standing at the top of the field. Reapplying or exploring other immigration options that may be more suitable given the evidence available is also recommended.
