Date of Decision: June 20, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Urban Game Designer
Field: Arts and Game Design
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Withdrawn and remanded for further determination
Evidentiary Criteria Analysis
Criteria Met:
- Judging the Work of Others: The petitioner demonstrated participation as a judge of the work of others in their field, meeting the requirements under 8 C.F.R. § 204.5(h)(3)(iv).
- Display of Work at Artistic Exhibitions: The petitioner provided evidence of their work being displayed at artistic exhibitions, satisfying 8 C.F.R. § 204.5(h)(3)(vii).
- Performance in a Leading or Critical Role: The Director’s decision acknowledged that the petitioner performed in a leading role for organizations with distinguished reputations, fulfilling 8 C.F.R. § 204.5(h)(3)(viii).
Key Points from the Decision
Judging the Work of Others:
The petitioner provided documentation of reviewing a paper for an international conference and serving as a judge on a multidisciplinary jury for an academic institution. The Director’s initial denial imposed requirements not indicated in USCIS policy, which the AAO corrected.
Display of Work at Artistic Exhibitions:
The petitioner submitted evidence of participating in an artistic event focused on public space creation. The event’s materials referred to the petitioner as an artist and highlighted their work as a form of artistic expression.
Final Merits Determination:
Although the petitioner met three criteria, the AAO determined that the Director must evaluate the totality of evidence to decide whether the petitioner has sustained national or international acclaim and is among the very top of their field.
Supporting Documentation
Judging Evidence: Proof of peer review and participation on an academic jury.
Artistic Displays: Event materials detailing the petitioner’s participation as an artist in an international project.
Leadership Role Evidence: Documentation of leading roles in organizations with recognized reputations.
Conclusion
Final Determination: The Director’s decision was withdrawn, and the matter was remanded for a final merits determination.
Reasoning:
The petitioner met three evidentiary criteria under 8 C.F.R. § 204.5(h)(3). The Director must now assess whether the petitioner has demonstrated sustained national or international acclaim to qualify as an individual of extraordinary ability.
