Date of Decision: APR. 10, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Sculptor
Field: Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met
Criterion 1: Published material about the alien in professional or major trade publications or other major media.
Description: The petitioner provided documentation of an interview published in major media, which satisfies this criterion.
Criterion 2: Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases.
Description: The petitioner documented the display of her work at various artistic exhibitions, which satisfies this criterion.
Criteria Not Met
Criterion 1: Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field.
Description: The petitioner submitted several awards and certificates; however, she did not provide sufficient evidence that these awards are nationally or internationally recognized for excellence in the field.
Criterion 2: Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
Description: While the petitioner submitted letters and certificates acknowledging her artwork and participation in exhibitions, she did not demonstrate how her contributions had a significant impact on the field.
Key Points from the Decision
Awards and Prizes Won
Summary of findings: The petitioner did not provide adequate documentation to prove that her awards are recognized for excellence on a national or international level.
Key quotes or references: “The Petitioner’s receipt of a prize or award is insufficient to meet the plain language of this regulatory criterion without documentation establishing its national or international recognition for excellence by the field.”
Published Materials About the Petitioner
Summary of findings: The petitioner successfully demonstrated that her interview was published in a major media outlet.
Key quotes or references: “Accordingly, the Petitioner has demonstrated that she meets this criterion.”
Original Contributions of Major Significance
Summary of findings: The petitioner failed to show how her contributions have had a significant impact on the field.
Key quotes or references: “Without supporting evidence, the Petitioner has not met her burden of showing that she has made original contributions of major significance in the field.”
Participation as a Judge
Summary of findings: Not applicable as the petitioner did not claim this criterion.
Membership in Associations
Summary of findings: Not applicable as the petitioner did not claim this criterion.
Authorship of Scholarly Articles
Summary of findings: Not applicable as the petitioner did not claim this criterion.
Leading or Critical Role Performed
Summary of findings: The petitioner conceded that she did not satisfy this criterion.
Key quotes or references: “Accordingly, we will not address this criterion in this decision.”
Artistic Exhibitions or Showcases
Summary of findings: The petitioner documented her participation in various exhibitions.
Key quotes or references: “The Petitioner documented the display of her work at artistic exhibitions.”
Evidence of High Salary or Remuneration
Summary of findings: Not applicable as the petitioner did not claim this criterion.
Commercial Successes in the Performing Arts
Summary of findings: Not applicable as the petitioner did not claim this criterion.
Supporting Documentation
- Interview Transcript: A transcript of the petitioner’s interview published in a major media outlet.
- Exhibition Records: Documentation of the petitioner’s participation in various art exhibitions.
- Awards and Certificates: Several awards and certificates presented to the petitioner, though insufficiently documented for national or international recognition.
- Recommendation Letters: Letters from peers praising the petitioner’s artistic skills and acknowledging her participation in various events.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not meet the required initial evidence of at least three of the ten criteria listed. Additionally, the overall evidence did not establish that the petitioner is among the small percentage at the very top of her field.
Next Steps: The petitioner may consider gathering more substantial evidence of nationally or internationally recognized awards, detailed documentation of contributions of major significance, and other supporting documents to strengthen her case for future petitions.
