Date of Decision: NOV 19, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Visual Artist and Photographer
Field: Visual Arts and Photography
Nationality: [Not provided in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge: The Petitioner provided evidence showing that he served as a juror for a photographic and audiovisual contest in 2015. This meets the criterion under 8 C.F.R. § 204.5(h)(3)(iv).
Artistic Exhibitions or Showcases: The Petitioner demonstrated that his work was displayed in three artistic exhibitions in Venezuela. This meets the criterion under 8 C.F.R. § 204.5(h)(3)(vii).
Criteria Not Met:
Receipt of Lesser Recognized Prizes or Awards: The Petitioner claimed awards such as “Photographer of the Year,” but the provided letters did not offer specific, detailed information on how these awards are considered nationally or internationally recognized for excellence in the visual arts or photography fields. This fails the criterion under 8 C.F.R. § 204.5(h)(3)(i).
Original Contributions of Major Significance: The Petitioner claimed contributions in restoring the archive of a prominent Venezuelan photographer and creating a photographic record for a traveling exhibition. However, the evidence did not sufficiently demonstrate how these contributions had a major impact on the field. The letters provided lacked detailed information on how these contributions were recognized as majorly significant by the broader field. This fails the criterion under 8 C.F.R. § 204.5(h)(3)(v).
Key Points from the Decision
Awards and Prizes Won:
Findings: The Petitioner’s awards did not have sufficient evidence or recognition to demonstrate that they were nationally or internationally acclaimed.
Published Materials About the Petitioner:
Findings: Not provided in this case.
Original Contributions of Major Significance:
Findings: The Petitioner’s work, while significant within specific projects, did not demonstrate the required level of major significance or widespread impact in the field of visual arts and photography.
Participation as a Judge:
Findings: The Petitioner served as a juror for a photographic contest, fulfilling this criterion.
Membership in Associations:
Findings: Not provided in this case.
Authorship of Scholarly Articles:
Findings: Not provided in this case.
Leading or Critical Role Performed:
Findings: Not provided in this case.
Artistic Exhibitions or Showcases:
Findings: The Petitioner provided evidence of his work being displayed in three artistic exhibitions in Venezuela, meeting this criterion.
Evidence of High Salary or Remuneration:
Findings: Not provided in this case.
Commercial Successes in the Performing Arts:
Findings: Not provided in this case.
Supporting Documentation
Articles and Reviews: Various articles and reviews about the Petitioner’s work in visual arts and photography.
Recommendation Letters: Letters from colleagues and experts supporting the significance and impact of the Petitioner’s contributions to the field of visual arts and photography.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The Petitioner did not meet the required initial evidence of either a one-time major achievement or at least three of the ten criteria for extraordinary ability. While the Petitioner met two of the ten criteria, the totality of the evidence did not establish sustained national or international acclaim or demonstrate that the Petitioner is among the small percentage at the very top of his field.
Next Steps:
The Petitioner may consider gathering more robust evidence of his contributions’ significance and potentially reapplying if additional substantial evidence can be presented. Consulting with an immigration attorney for further guidance and preparation may also be beneficial.
