Date of Decision: DEC. 4, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Traditional Embroiderer
Field: Uzbek Traditional Embroidery
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Display of Work (8 C.F.R. § 204.5(h)(3)(vii)):
The Petitioner exhibited his embroidery at the municipal and regional level competitions of the Initiative – 2012 Contest. The diplomas from the Mayor of the City and the Head of the Regional Department of the Uzbekistan Chamber of Commerce and Industry confirmed this.
Criteria Not Met:
Membership in Associations (8 C.F.R. § 204.5(h)(3)(ii)):
The Petitioner was a member of the Association of Artisans, Craftsmen, and Folk Artists of the Republic of Uzbekistan. However, the evidence did not sufficiently demonstrate that this association required outstanding achievements of its members as judged by recognized national or international experts.
Judging the Work of Others (8 C.F.R. § 204.5(h)(3)(iv)):
The letters provided did not sufficiently establish that the Petitioner participated as a judge in a formal capacity. The evidence lacked specifics on the exhibitions judged, dates of participation, and names of the artists whose work was evaluated.
Original Contributions of Major Significance (8 C.F.R. § 204.5(h)(3)(v)):
The reference letters were not specific enough to demonstrate that the Petitioner’s work had a major or significant impact on the field of Uzbek traditional embroidery.
Authorship of Scholarly Articles (8 C.F.R. § 204.5(h)(3)(vi)):
The Petitioner’s authored works did not qualify as scholarly articles. The publications where the articles appeared did not meet the criteria for major media, and the works lacked the scholarly attributes such as footnotes or bibliographies.
Key Points from the Decision
Awards and Prizes Won:
No specific awards or prizes were mentioned that met the criteria.
Published Materials About the Petitioner:
The publications about the Petitioner did not qualify as major media.
Original Contributions of Major Significance:
The Petitioner’s techniques and works were well-regarded but lacked evidence of significant impact or widespread adoption.
Participation as a Judge:
The Petitioner’s participation was not sufficiently evidenced to show he formally judged the work of others.
Membership in Associations:
The association’s membership requirements were not demonstrated to meet the criteria.
Authorship of Scholarly Articles:
The Petitioner’s works did not qualify as scholarly articles in major media.
Leading or Critical Role Performed:
No evidence was provided to support the Petitioner’s leading or critical role in distinguished organizations.
Artistic Exhibitions or Showcases:
The exhibitions where the Petitioner displayed his work were acknowledged, but this alone was insufficient.
Evidence of High Salary or Remuneration:
No evidence of high salary or significant remuneration was provided.
Commercial Successes in the Performing Arts:
No evidence was provided for commercial successes.
Supporting Documentation
- Membership Certificates and Letters: Included but lacked details on the membership selection process.
- Diplomas from Competitions: Confirmed exhibition participation.
- Reference Letters: Provided but lacked specific examples and corroborating evidence.
- Publications: Listed but did not qualify as scholarly articles or appear in major media.
Conclusion
Final Determination: The appeal is dismissed. The Petitioner has not demonstrated eligibility for classification as an individual of extraordinary ability under section 203(b)(1)(A) of the Act.
Reasoning: The evidence provided did not meet the required criteria for extraordinary ability. The documentation did not sufficiently demonstrate sustained national or international acclaim or significant contributions to the field.
Next Steps: The Petitioner may consider gathering additional, more specific evidence that directly addresses the criteria or explore other visa classifications that might be more appropriate for their qualifications.
