Date of Decision: March 29, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
- Profession: Spanish Language Instructor
- Field: Foreign Language Education using Art
- Nationality: Not specified in the document
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Participation as a Judge:
- The Beneficiary served as a judge of the work of others in the same or allied field.
- Leading or Critical Role:
- The Beneficiary performed a leading or critical role for distinguished organizations such as top universities in the United States.
Criteria Not Met:
- Lesser Nationally or Internationally Recognized Prizes or Awards:
- The Beneficiary received the EXTIMO award from the AATSP chapter, which was deemed a regional award rather than national or international recognition.
- Published Material About the Alien:
- The articles provided were not about the Beneficiary but rather discussed her projects or contributions to other works.
- Original Contributions of Major Significance:
- The letters of support did not provide sufficient specific evidence of the high impact or influence of her teaching techniques on the overall field.
- Authorship of Scholarly Articles:
- The Beneficiary did not provide evidence of being published in professional or major trade publications.
Key Points from the Decision
Awards and Prizes Won:
- The Beneficiary received the EXTIMO award from a local chapter of the AATSP, but it was not recognized as a nationally or internationally significant award.
Published Materials About the Petitioner:
- Articles provided were not focused on the Beneficiary but rather on her work or contributions in broader contexts.
Original Contributions of Major Significance:
- The teaching techniques and methodologies were recognized, but the evidence lacked specifics on their broader impact on the field.
Participation as a Judge:
- Confirmed participation as a judge in the same or allied field.
Membership in Associations:
- Not explicitly mentioned in the decision document.
Authorship of Scholarly Articles:
- No sufficient evidence provided to meet this criterion.
Leading or Critical Role:
- Recognized roles at top universities.
Artistic Exhibitions or Showcases:
- Not applicable in this case.
Evidence of High Salary or Remuneration:
- Not discussed in the decision.
Commercial Successes in the Performing Arts:
- Not applicable in this case.
Supporting Documentation
- EXTIMO Award: Documented as a regional award, not meeting the national or international recognition required.
- Articles and Publications: Lacked focus on the Beneficiary and were not published in major media or professional publications.
- Letters of Support: Provided general praise without detailed evidence of significant impact in the field.
Conclusion
- Final Determination: Appeal Dismissed
- Reasoning: The Beneficiary did not meet the required initial evidence of either a one-time major achievement or at least three of the ten regulatory criteria. The overall record did not demonstrate sustained national or international acclaim or position the Beneficiary among the top individuals in her field.
- Next Steps: Petitioners should provide more substantial and specific evidence of the Beneficiary’s contributions and recognitions at the national or international level.
