Date of Decision: March 10, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Visual Artist
Field: Visual Arts
Nationality: Colombian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Display at Artistic Exhibitions or Showcases:
The Petitioner has displayed her work in several galleries and exhibitions in Colombia, satisfying this criterion.
Criteria Not Met:
Original Contributions of Major Significance:
The Petitioner has not demonstrated that her contributions have been of major significance in the field of visual arts. While she has pioneered new techniques and received praise for her work, the evidence did not show how her contributions have significantly impacted the field or been widely adopted.
High Salary or Other Significantly High Remuneration:
The Petitioner provided evidence of sales of her artwork but did not provide comparative data to establish that her earnings are significantly higher than those of others in her field.
Key Points from the Decision
Original Contributions of Major Significance
The Petitioner claimed to have made original contributions in the field of visual arts with novel methods. However, the letters provided did not sufficiently demonstrate how these methods have been widely implemented or influenced the field.
Summary of findings:
- Testimonial letters praised her techniques and workshops but lacked specificity on the broader impact.
- There was no evidence of wide adoption of her methods by other artists.
Key quotes or references:
- The Director cited case law indicating that general praise does not establish major significance.
- “Generalized conclusory statements that do not identify specific contributions or their impact in the field have little probative value.”
High Salary or Other Significantly High Remuneration
The Petitioner presented evidence of art sales but did not provide sufficient comparative information to demonstrate high remuneration relative to peers.
Summary of findings:
- Sales records were provided but lacked comparative context.
- The evidence did not show that her remuneration was significantly high in relation to others in the field.
Key quotes or references:
- “The Petitioner provided limited documentation of her past remuneration for her artwork, and the record lacks comparative information to establish that she commands significantly high remuneration in relation to others in her field.”
Supporting Documentation
Summary of Supporting Documents:
- Testimonial Letters: Provided by various gallery owners and artists, praising the Petitioner’s techniques and contributions.
- Sales Records: Documentation of artwork sales, though lacking comparative context.
- Exhibition Records: Evidence of participation in various art exhibitions in Colombia.
Conclusion
Final Determination:
The appeal is dismissed.
Reasoning:
- The Petitioner did not meet at least three of the ten initial evidentiary criteria required for the EB1 classification.
- The evidence provided did not demonstrate sustained national or international acclaim or major significance in the field of visual arts.
Next Steps:
- The Petitioner may consider providing more specific evidence of the impact and recognition of her work.
- Comparative salary data could help establish high remuneration in future petitions.
Download the Full Petition Review Here
Cite as Matter of G-M-, ID# 19795789
Document Name: MAR102022_02B2203
