Date of Decision: NOV. 23, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Photographic Re-toucher
Field: Arts
Nationality: Brazil
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Artistic Exhibitions or Showcases: The petitioner provided documentation demonstrating that his re-touched photographs have been displayed in magazines such as and. This satisfies the criterion for artistic exhibitions or showcases.
Criteria Not Met:
- Published Material About the Petitioner: The petitioner submitted pages from Brazilian magazines acknowledging his contributions. However, the submissions did not include titles and authors of the material, nor were the publications about him specifically. Thus, this criterion was not met.
- Leading or Critical Role: While the petitioner received praise from various editors and photographers, the evidence did not demonstrate the overall impact of his work on the success or standing of the publications. Therefore, this criterion was not met.
Key Points from the Decision
Awards and Prizes Won:
No awards or prizes were presented as evidence in this case.
Published Materials About the Petitioner:
The petitioner submitted acknowledgments from magazines but failed to meet the criterion as the publications were not specifically about him and lacked required details such as titles and authors.
Original Contributions of Major Significance:
There was no evidence provided that demonstrated original contributions of major significance in the field of photographic re-touching.
Participation as a Judge:
No evidence was submitted indicating participation as a judge in the field.
Membership in Associations:
There were no membership details provided for any associations related to the petitioner’s field.
Authorship of Scholarly Articles:
The petitioner did not submit any scholarly articles authored by him.
Leading or Critical Role Performed:
The petitioner’s role in various publications was not sufficiently evidenced to demonstrate a leading or critical impact.
Artistic Exhibitions or Showcases:
The petitioner’s re-touched photographs have been displayed in magazines, satisfying this criterion.
Evidence of High Salary or Remuneration:
No evidence of high salary or remuneration was provided.
Commercial Successes in the Performing Arts:
No commercial successes in the performing arts were presented.
Supporting Documentation
- Pages from Brazilian magazines acknowledging contributions.
- Letters from editors and photographers praising the petitioner’s work.
- Documentation of re-touched photographs in magazines.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the required initial evidentiary criteria of at least three out of ten categories. The evidence provided was insufficient to establish sustained national or international acclaim or demonstrate that the petitioner is among the small percentage at the very top of the field of endeavor.
Next Steps: The petitioner may consider gathering additional evidence and reapplying or seeking other immigration classifications for which he may be eligible.
