Date of Decision: APR. 8, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Photographer
Field: Arts
Nationality: Russian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Artistic Exhibitions or Showcases: The petitioner’s work was displayed in significant exhibitions, which met the criterion for display of work in artistic exhibitions or showcases.
Criteria Not Met:
- Published Materials About the Petitioner: The submitted materials did not qualify as being from major trade publications or major media.
- Original Contributions of Major Significance: The record did not establish that the petitioner’s contributions were of major significance in the field of photography.
- Leading or Critical Role: The petitioner did not demonstrate a leading or critical role in organizations with a distinguished reputation.
Key Points from the Decision
Published Materials About the Petitioner:
The articles and press releases submitted did not meet the required standard of major trade publications or major media, lacking necessary circulation figures and authorship details.
Original Contributions of Major Significance:
The evidence provided did not show that the petitioner’s use of medium format photography had a significant impact or influence on the field of photography.
Leading or Critical Role Performed:
The petitioner’s roles in various projects and contributions were not considered critical to the success of the organizations involved, as per the USCIS’s standards.
Supporting Documentation
The petitioner submitted various articles, press releases, and testimonial letters, which were found insufficient to meet the evidentiary criteria required for classification as having extraordinary ability.
Conclusion
Final Determination: The appeal is dismissed. The petitioner did not meet the required evidentiary criteria for classification under extraordinary ability standards.
Reasoning: The evidence did not sufficiently demonstrate national or international acclaim or significant contributions to the field of photography.
Next Steps: The decision advises against eligibility for the classification sought without further substantial evidence.
