Date of Decision: March 5, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Photographer
Field: Photography
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Receipt of lesser nationally or internationally recognized awards:
The petitioner has won several awards for his photography, including the I international photo competition, where he was a finalist in the international competition held in [location not specified]. However, these awards were not deemed the top awards at their events, indicating the petitioner is not among the small percentage at the very top of the field. - Display of work at artistic exhibitions:
The petitioner’s work has been exhibited in various solo and group exhibitions in Venezuela, the United States, and France. Notable exhibitions include the American Society of Media Photographers (ASMP) juried exhibition in 2016 and multiple exhibitions by the French Alliance Foundation in Paris. However, the lack of independent evidence showing the prestige of these exhibitions undermines the claim of sustained national or international acclaim. - Service as a judge of the work of others in the field:
The petitioner served as a judge for various photo exhibitions and contests, including those hosted by the French Alliance Foundation and Curator’s Voice Art Projects (CVAP). Despite this recognition, there is insufficient evidence to prove that judging these exhibitions is reserved for those at the top of the field.
Criteria Not Met:
- Media coverage:
The petitioner provided material from several organizations, but the coverage was not consistent with the sustained national or international acclaim required for this classification.
Key Points from the Decision
Awards and Prizes Won:
The petitioner won the I international photo competition in a local subdivision and was a finalist in the international competition. He also won a local photography contest held by the Metropolitan Mayor’s Office. However, these awards were not deemed to place him among the top photographers nationally or internationally.
Published Materials About the Petitioner:
Two notable articles covered the petitioner and discussed his work, but the press coverage was not considered consistent with the sustained acclaim necessary for the classification.
Original Contributions of Major Significance:
The evidence provided did not demonstrate that the petitioner’s achievements are recognized as original contributions of major significance in the field of photography.
Participation as a Judge:
The petitioner served as a juror for exhibitions and contests hosted by the French Alliance Foundation and CVAP. Despite this, the evidence did not establish that these exhibitions are prestigious or that his judging experience places him among the top photographers.
Membership in Associations:
No specific information was provided regarding membership in prestigious associations that would support the claim of extraordinary ability.
Authorship of Scholarly Articles:
No specific information was provided regarding the authorship of scholarly articles.
Leading or Critical Role Performed:
The evidence did not demonstrate that the petitioner has performed leading or critical roles that distinguish him among the top of his field.
Artistic Exhibitions or Showcases:
While the petitioner’s work was displayed in several exhibitions, there was insufficient evidence to show that these exhibitions are prestigious and that they demonstrate his position at the top of the field.
Evidence of High Salary or Remuneration:
No specific information was provided regarding high salary or remuneration.
Commercial Successes in the Performing Arts:
No specific information was provided regarding commercial successes in the performing arts.
Supporting Documentation
- Awards: Details of the awards won and their significance.
- Exhibitions: Information on the exhibitions where the petitioner’s work was displayed.
- Judging Roles: Documentation of the petitioner’s roles as a judge in various competitions.
- Media Coverage: Articles and coverage related to the petitioner’s work.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The petitioner did not meet the highly restrictive criteria for classification as an individual of extraordinary ability. Although the petitioner has achieved some recognition, the evidence does not demonstrate sustained national or international acclaim or that he is among the small percentage at the very top of the field.
Next Steps:
The petitioner may consider gathering more substantial and independent evidence of national or international acclaim and reapplying.
