Date of Decision: JAN. 3, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Traditional Embroidery Artist
Field: Uzbek Traditional Embroidery
Nationality: Uzbekistan
Summary of Decision
Initial Decision: Approved, later revoked
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Participation as a Judge: The petitioner judged the work of other craftsmen to determine the winners at the 2015 exhibition held in Uzbekistan and other events.
- Artistic Exhibitions or Showcases: The petitioner exhibited high-quality silk and handmade jewelry at exhibitions in Russia and other festivals in Uzbekistan.
Criteria Not Met:
- Membership in Associations: Insufficient evidence provided to confirm that the petitioner’s membership in associations requires outstanding achievements judged by national or international experts.
- Original Contributions of Major Significance: Reference letters failed to demonstrate how the petitioner’s work has impacted the field in a significant way.
- Authorship of Scholarly Articles: The petitioner did not establish that his written works qualify as scholarly articles published in major media or professional publications.
Key Points from the Decision
Awards and Prizes Won: Not applicable.
Published Materials About the Petitioner: Not applicable.
Original Contributions of Major Significance: The petitioner’s contributions were not proven to be of major significance in the field.
Participation as a Judge: The petitioner met this criterion through his participation as a judge in various events.
Membership in Associations: Insufficient evidence to support the claim of membership requiring outstanding achievements.
Authorship of Scholarly Articles: The petitioner’s articles did not meet the required standards of scholarly articles.
Leading or Critical Role Performed: Not applicable.
Artistic Exhibitions or Showcases: The petitioner’s participation in exhibitions in Russia and Uzbekistan was recognized.
Evidence of High Salary or Remuneration: Not applicable.
Commercial Successes in the Performing Arts: Not applicable.
Supporting Documentation
- Judging Certificates: Confirmed the petitioner’s role as a judge in various exhibitions and competitions.
- Exhibition Diplomas: Documents certifying the petitioner’s participation in exhibitions showcasing his embroidery work.
- Reference Letters: Provided general praise but lacked specific evidence of major significance.
- Authored Publications: Listed but did not meet the scholarly criteria required for consideration.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not provide sufficient evidence to meet the criteria for extraordinary ability. The significance of the petitioner’s accomplishments did not demonstrate the required sustained national or international acclaim.
Next Steps: The petitioner may consider providing more detailed and substantial evidence in support of the criteria not met, or explore other visa classifications.
