Date of Decision: September 19, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Tattoo artist and painter
Field: Tattoo art and painting
Nationality: [Not specified in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Published Material About the Individual:
- The petitioner featured in several online articles listing the best tattoo artists, reflecting a substantial amount of media exposure uncommon in her field.
Participation as a Judge:
- The petitioner participated as a judge at the Tattoo Arts Convention in 2021, a major national event, adding weight to her role due to the organizer’s invitation.
Display at Artistic Exhibitions or Showcases:
- The petitioner had her work displayed at various exhibitions and showcases, highlighting her artistic talent.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards:
- Although claimed, there is no mention of the petitioner receiving major awards in the documentation.
Membership in Associations:
- The petitioner asserted meeting this criterion on appeal, but the initial decision did not find sufficient evidence.
Original Contributions of Major Significance:
- The petitioner’s work as a muralist and tattoo artist was acknowledged, but the initial decision did not conclusively recognize these as major contributions.
Leading or Critical Role for Distinguished Organizations:
- The petitioner claimed this criterion, but it was not substantiated in the initial decision.
Key Points from the Decision
Awards and Prizes Won:
- The petitioner’s recognition included bursts of professional popularity, notably as a contestant on a reality competition show and publicity from a mural painted in early 2020. However, these were not considered sustained acclaim by the initial decision.
Published Materials About the Petitioner:
- Several online articles featured the petitioner, listing her among the best tattoo artists. This media exposure is significant, with her Instagram account boasting over 250,000 followers, indicating popular acclaim.
Original Contributions of Major Significance:
- The petitioner’s mural work and tattoo artistry were recognized, but the initial decision viewed them as bursts of popularity rather than sustained acclaim.
Participation as a Judge:
- The petitioner judged at a major national tattoo convention, invited by the organizer, which underscores her expertise and recognition in the field.
Membership in Associations:
- The petitioner’s appeal claimed this criterion, but it was not initially substantiated.
Artistic Exhibitions or Showcases:
- The petitioner’s work was displayed in exhibitions and showcases, demonstrating her talent and recognition in the artistic community.
Supporting Documentation
- Online Articles: Featuring the petitioner among top tattoo artists, showcasing her work and interviews.
- Social Media Presence: Instagram account with over 250,000 followers, indicating significant popular acclaim.
- Convention Participation: Judging at the Tattoo Arts Convention in 2021, invited by the organizer.
- Artistic Displays: Exhibitions and showcases of her tattoo and mural work.
Conclusion
Final Determination: The appeal is sustained, recognizing the petitioner’s extraordinary ability.
Reasoning:
- The petitioner demonstrated sustained national or international acclaim through media exposure, social media following, and participation as a judge at significant events. The totality of the evidence showed that she is among the small percentage at the top of her field.
Next Steps:
- The petitioner can now proceed with her EB1 Extraordinary Ability classification, allowing her to continue her work in the United States.
