Date of Decision: MAY 8, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Photographer
Field: Arts
Nationality: Georgian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Judging of the work of others: The petitioner served on a jury for a television fashion contest.
Artistic exhibitions or showcases: Displayed work in magazines and galleries.
Criteria Not Met:
Membership in associations: The petitioner argued for membership in an association that required outstanding achievements, but could not demonstrate that the membership criteria were significantly stringent or recognized as outstanding in the field.
Key Points from the Decision
Published Materials About the Petitioner:
While the petitioner displayed works in well-known magazines and galleries, these were not sufficient to qualify as “outstanding achievements” necessary for this classification.
Participation as a Judge:
The petitioner’s involvement in judging was acknowledged, yet it did not compensate for the shortfall in meeting other required criteria.
Supporting Documentation
The petitioner submitted various documents, including additional letters and biographical information, but these were insufficient to overturn the initial decision.
Conclusion
Final Determination: The petitioner did not meet the required criteria for classification as an individual with extraordinary ability in the arts. The appeal was dismissed based on insufficient evidence to satisfy the regulatory requirements for this classification.
Reasoning: The evidence provided did not adequately establish the petitioner as being among the top professionals in his field, as required by the classification.
Next Steps: It is recommended that the petitioner seeks alternative visa classifications or gathers more substantial evidence before reapplying.
