Date of Decision: AUG. 19, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Photographer
Field: Photography
Nationality: Chinese
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Artistic Exhibitions or Showcases: Display of the Petitioner’s work in artistic exhibitions or showcases was acknowledged.
- Published Materials About the Petitioner: Coverage in major media like VICE China.
- Awards for Excellence: Recognition through the “Outstanding Works of Art” awards and other professional accolades.
Criteria Not Met:
- Original Contributions of Major Significance: The evidence did not sufficiently demonstrate major significance in the field of photography.
- Authorship of Scholarly Articles: The material submitted did not meet the criterion of scholarly nature.
Key Points from the Decision
Awards and Prizes Won:
The petitioner has received several national awards but these were not deemed sufficient to demonstrate that he is among the very top of his field. His awards included “Outstanding Works of Art” and several emerging photographer awards.
Published Materials About the Petitioner:
Articles from VICE China and other less recognized media provided some evidence of acclaim, though not all publications were deemed major media.
Original Contributions of Major Significance:
Despite reference letters praising his artistic contributions, the evidence did not establish these as major significant impacts on the field of photography.
Participation as a Judge:
Not applicable.
Membership in Associations:
Not applicable.
Authorship of scholarly articles:
The petitioner’s articles and books were noted, but not considered scholarly in the context required.
Leading or critical role performed:
Not applicable.
Artistic Exhibitions or Showcases:
The petitioner’s work was displayed in several exhibitions, including solo and group settings.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial successes in the Performing Arts:
The commercial reach and success of the petitioner’s work were not established as substantial.
Supporting Documentation
Documents included awards certificates, published articles, and reference letters from notable individuals in the field of photography.
Conclusion
Final Determination:
The appeal is dismissed. The petitioner did not demonstrate sustained national or international acclaim nor that he is among the very top of his field.
Reasoning:
The petitioner met some evidentiary criteria, but overall the evidence did not support a finding of extraordinary ability.
Next Steps:
The decision suggests no further recourse under this petition.
