Date of Decision: May 27, 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
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
Nationally Recognized Awards or Prizes: The Petitioner received nationally recognized awards, including a bronze award at the [redacted] Photographic Art Exhibition in 2002, which is among the most prestigious national photography awards in China.
Published Material in Major Media: The Petitioner’s work has been featured in major media publications, including The New York Times Magazine and Time Magazine.
Display of Work in Artistic Exhibitions: The Petitioner’s work has been displayed in solo and group exhibitions, including international photography festivals and permanent museum collections.
Original Contributions of Major Significance: On appeal, the Petitioner established that his original contributions have had a major significance in the field, as noted by several experts and the extensive impact of his work.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: The Petitioner received a bronze award at the [redacted] Photographic Art Exhibition, a prestigious national award in China, among other awards.
Published Materials About the Petitioner:
Summary of findings: The Petitioner’s work has been featured in major media publications such as The New York Times Magazine, Time Magazine, and Slate magazine.
Original Contributions of Major Significance:
Summary of findings: The Petitioner’s work has been recognized for its groundbreaking significance in China and internationally, as evidenced by reference letters and his inclusion in major exhibitions and permanent collections.
Participation as a Judge:
Summary of findings: No evidence provided.
Membership in Associations:
Summary of findings: No evidence provided.
Authorship of Scholarly Articles:
Summary of findings: No evidence provided.
Leading or Critical Role Performed:
Summary of findings: No evidence provided.
Artistic Exhibitions or Showcases:
Summary of findings: The Petitioner’s work has been displayed in artistic exhibitions and showcases, both nationally and internationally.
Evidence of High Salary or Remuneration:
Summary of findings: No evidence provided.
Commercial Successes in the Performing Arts:
Summary of findings: No evidence provided.
Supporting Documentation
Awards and Exhibition Materials: Provided and established the Petitioner’s receipt of prestigious national awards and participation in significant exhibitions.
Articles and Publications: Established major media coverage of the Petitioner’s work.
Letters from Colleagues and Experts: Provided detailed accounts of the Petitioner’s contributions and their impact on the field.
Conclusion
Final Determination: The appeal is sustained.
Reasoning: The Petitioner demonstrated that he meets the required initial evidence of at least three of the ten criteria. Additionally, the Petitioner established sustained national and international acclaim and recognition through extensive documentation. The Petitioner’s achievements, as evidenced by awards, media coverage, and exhibitions, reflect that he is one of the small percentage at the very top of his field.
Next Steps: The Petitioner qualifies for classification as an individual of extraordinary ability and may proceed with the next steps in the immigration process.
