EB-1 Extraordinary Ability USCIS Appeal Review – Sculptor and Architect – OCT272016_01B2203

Date of Decision: October 27, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability

Petitioner Information

Profession: Sculptor and Architect
Field: Arts
Nationality: Not specified

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met:

1. Artistic Exhibitions or Showcases: The Petitioner’s sculptures have been displayed at various artistic exhibitions, such as the ‘ for held at

Criteria Not Met:

1. Prizes or Awards: The Petitioner provided certificates of honor and other awards, but they lacked properly certified English translations and did not demonstrate national or international recognition for excellence in the field.
2. Membership in Associations: The Petitioner’s memberships in certain associations were not supported by evidence showing that these associations require outstanding achievements judged by recognized experts.
3. Published Material: An article about the Petitioner was submitted, but it lacked a properly certified English translation and did not demonstrate that it was published in a major trade or professional publication.
4. Original Contributions: The letters provided did not establish that the Petitioner’s work has had a substantial impact on the field of visual arts or architecture.
5. Authorship of Scholarly Articles: The article provided was not accompanied by a full English translation and did not demonstrate publication in a professional or major trade publication.
6. Leading or Critical Role: The evidence did not establish that the Petitioner’s roles in various projects were leading or critical for the organizations as a whole.
7. High Salary or Remuneration: No evidence provided.
8. Commercial Success: No evidence provided.

Key Points from the Decision

Awards and Prizes Won:

• The Petitioner’s awards were not supported by certified translations and did not demonstrate national or international recognition for excellence.

Published Materials About the Petitioner:

• The article submitted lacked a certified translation and did not qualify as a major trade or professional publication.

Original Contributions of Major Significance:

• The letters provided were insufficient to establish that the Petitioner’s work had a significant impact on the field.

Participation as a Judge:

• Not applicable.

Membership in Associations:

• The memberships did not meet the criteria for requiring outstanding achievements judged by recognized experts.

Authorship of Scholarly Articles:

• The article was not properly translated and did not meet the publication criteria.

Leading or Critical Role Performed:

• The roles were not demonstrated to be leading or critical for the organizations.

Artistic Exhibitions or Showcases:

• The Petitioner’s sculptures have been displayed at artistic exhibitions.

Evidence of High Salary or Remuneration:

• Not applicable.

Commercial Successes in the Performing Arts:

• Not applicable.

Supporting Documentation

• Award Certificates: Provided but lacked certified translations.
• Membership Credentials: Provided but did not meet the outstanding achievements requirement.
• Published Article: Provided but lacked certified translation.
• Letters of Support: Provided but lacked specific evidence of impact.

Conclusion

Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not demonstrate by a preponderance of the evidence that he is an individual of extraordinary ability under section 203(b)(1)(A) of the Act.
Next Steps: The Petitioner may consider providing additional, properly certified documentation or seek legal advice for further action.

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