Date of Decision: February 13, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Visual Artist
Field: Large-Scale Murals
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Display of Work at Exhibitions or Showcases: The petitioner’s work has been displayed at exhibitions or showcases, confirming his engagement in a critical role in the field of visual arts.
- Performance in Leading or Critical Roles: The petitioner has played leading and critical roles for organizations with a distinguished reputation, affirming his high standing in the art community.
- Published Materials About the Petitioner: The petitioner has been featured in significant publications, proving recognition of his work in the visual arts field.
Criteria Not Met:
- Other Contributions of Major Significance: Although initially challenged, the appeal addressed and rectified the misunderstandings regarding the evidentiary requirements, demonstrating that the petitioner does meet this criterion.
- Judging the Work of Others: Not contested on appeal; hence, it was waived.
Key Points from the Decision
- Major Publications: The petitioner has been featured in well-regarded publications both online and in print across various countries, including Argentina.
- Recognition: Articles discussing his work, along with adequate translations, satisfied the requirements, showing that his contributions are valued both nationally and internationally.
- Professional Impact: Evidence presented demonstrated high readership and significant circulation of the publications featuring the artist, which supports the claim of substantial professional impact.
Supporting Documentation
- Articles from major trade publications and media.
- Data on publication circulation and readership.
- Translations of foreign language articles meeting regulatory standards.
Conclusion
Final Determination: The decision to deny the initial petition was withdrawn and the case was remanded for further review.
Reasoning: The appeal successfully demonstrated that the petitioner meets the required criteria for extraordinary ability by showing his significant roles, recognition, and professional impact in the field of visual arts.
Next Steps: On remand, a final merits review is to be conducted, assessing the totality of the evidence to confirm the petitioner’s sustained national or international acclaim and his status at the top of his field.
This case underscores the importance of thorough documentation and the need for clarity in fulfilling the criteria set by USCIS for the EB-1 category. The petitioner’s ability to rectify initial deficiencies through the appeals process led to a favorable reconsideration, highlighting the dynamic and detailed nature of immigration law concerning extraordinary abilities.
