Date of Decision: March 17, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Textile Embroidery Artist
Field: Art and Design
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
Display at Artistic Exhibitions or Showcases: The Petitioner displayed her work at artistic exhibitions. This criterion was met, as the evidence showed her participation in exhibitions relevant to her field.
Participation as a Judge of the Work of Others: The Petitioner served on a jury panel for two art competitions. This criterion was met, as the evidence demonstrated her role in judging the work of others in her field.
Criteria Not Met
Lesser Nationally or Internationally Recognized Prizes or Awards: The Petitioner argued that she met this criterion based on a first-place finish in a contest. However, the evidence provided did not demonstrate that this award was nationally or internationally recognized for excellence in the field of endeavor. The letters and charter provided lacked specific, detailed information to justify the assertion that the awards were nationally revered.
Membership in Associations: The Petitioner claimed membership in an association. However, the membership criteria included general conditions such as citizenship, age, and professional status, which did not reflect “outstanding achievements” as required by the criterion. The evidence did not show that membership was contingent upon being judged by recognized national or international experts.
Published Material in Major Media: The Petitioner provided material from six websites, but the evidence did not include required details such as the date and author of the material. Furthermore, the articles did not sufficiently focus on the Petitioner or relate to her work. Additionally, the Petitioner did not establish that the sources were professional or major trade publications or other major media.
Leading or Critical Role: The Petitioner claimed leading roles for several organizations, but the letters provided did not contain detailed information demonstrating her leadership or critical role. The organizations’ distinguished reputation was not established through comparative evidence or detailed information about their standing in the field.
High Salary or Remuneration: The Petitioner provided salary information, but the evidence did not show that her salary was high relative to others in her field. Comparative evidence for remuneration of other textile embroidery artists’ earnings from artwork sales was lacking, and the salary information provided was related to a different occupation (teacher).
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: The Petitioner did not establish that she personally received nationally or internationally recognized awards.
Published Materials About the Petitioner:
Summary of findings: The Petitioner did not provide sufficient evidence to establish that published materials about her were in major trade or professional publications or other major media.
Original Contributions of Major Significance:
Summary of findings: No evidence provided.
Participation as a Judge:
Summary of findings: The Petitioner served on a jury panel for art competitions, satisfying this criterion.
Membership in Associations:
Summary of findings: The Petitioner did not provide sufficient evidence to establish that memberships required outstanding achievements judged by recognized national or international experts.
Authorship of Scholarly Articles:
Summary of findings: No evidence provided.
Leading or Critical Role Performed:
Summary of findings: The Petitioner did not provide sufficient evidence to establish that she performed leading or critical roles for organizations with a distinguished reputation.
Artistic Exhibitions or Showcases:
Summary of findings: The Petitioner displayed her work at artistic exhibitions, satisfying this criterion.
Evidence of High Salary or Remuneration:
Summary of findings: The Petitioner did not establish that she commanded a high salary or remuneration relative to others in her field.
Commercial Successes in the Performing Arts:
Summary of findings: No evidence provided.
Supporting Documentation
Award Materials: Provided but did not establish national or international recognition for the individual.
Articles and Publications: Included articles that did not meet the standards for major media coverage or were not primarily about the Petitioner.
Letters from Colleagues and Organizations: Praised the Petitioner’s work but lacked sufficient detail to demonstrate major significance or critical roles.
Salary Documentation: Insufficient for establishing high remuneration.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner met two criteria but did not provide sufficient evidence to meet at least three of the ten criteria. The Petitioner did not demonstrate sustained national or international acclaim or that she is among the small percentage at the very top of her field. The totality of the evidence did not support a finding of the required acclaim and recognition for the classification sought.
Next Steps: The Petitioner must provide more substantial and specific evidence to meet the criteria for extraordinary ability classification.
