Date of Decision: AUG. 26, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Tattoo Artist
Field: Arts
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published material about the individual in professional or major trade publications or other major media:
The petitioner provided evidence of published material in professional or major media.
Display of the alien’s work in the field at artistic exhibitions or showcases:
The petitioner demonstrated participation in various artistic exhibitions and showcases.
Criteria Not Met:
Lesser nationally or internationally recognized prizes or awards:
The petitioner submitted documentation of several awards received at tattoo conventions, but failed to demonstrate their national or international significance in the field.
Original contributions of major significance:
Letters from experts in the field did not sufficiently detail or provide corroborating documentation to establish the major significance of the petitioner’s contributions.
Leading or critical role for organizations or establishments that have a distinguished reputation:
The petitioner did not provide sufficient evidence to show his role was critical for organizations with a distinguished reputation.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings:
The petitioner provided documentation of several awards received at various tattoo conventions. However, the record lacked evidence demonstrating the national or international recognition of these awards.
Published Materials About the Petitioner:
Summary of findings:
The petitioner presented published material in professional or major trade publications, meeting this criterion.
Original Contributions of Major Significance:
Summary of findings:
Letters from experts claimed the petitioner had created a new artistic style, but did not provide sufficient examples or corroborating evidence to establish the contributions’ major significance.
Participation as a Judge:
Summary of findings:
Not applicable, as this criterion was not claimed or evaluated in detail.
Membership in Associations:
Summary of findings:
Not applicable, as this criterion was not claimed or evaluated in detail.
Authorship of Scholarly Articles:
Summary of findings:
Not applicable, as this criterion was not claimed or evaluated in detail.
Leading or Critical Role Performed:
Summary of findings:
The petitioner did not demonstrate that his role was critical to organizations with a distinguished reputation, nor did he provide detailed evidence of his impact on the organizations’ outcomes.
Artistic Exhibitions or Showcases:
Summary of findings:
The petitioner participated in various artistic exhibitions and showcases, meeting this criterion.
Evidence of High Salary or Remuneration:
Summary of findings:
Not applicable, as this criterion was not claimed or evaluated in detail.
Commercial Successes in the Performing Arts:
Summary of findings:
Not applicable.
Supporting Documentation
- Award Certificates:
Documentation included certificates from various tattoo conventions but lacked evidence of national or international recognition. - Published Articles:
Articles in professional or major media were provided. - Expert Letters:
Letters from experts did not provide sufficient details or corroborating evidence to demonstrate major significance.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner did not meet the required initial evidence of either a one-time achievement or documents that fulfill at least three of the ten lesser criteria. The totality of the material provided did not support a conclusion that the petitioner has established the acclaim and recognition required for the classification sought. The evidence did not demonstrate that the petitioner is among the small percentage at the very top of their field.
Next Steps:
It is recommended that the petitioner consider alternative visa classifications or provide additional evidence addressing the deficiencies noted in the appeal decision.
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