Date of Decision: MAY 12, 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: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published Material: The Petitioner demonstrated that her work has been the subject of published material in professional or major trade publications or other major media.
Artistic Display: The Petitioner demonstrated that her work has been displayed at artistic exhibitions or showcases.
Criteria Not Met:
Leading or Critical Role: The evidence submitted did not establish that the Petitioner performed in a leading or critical role for organizations or establishments that have a distinguished reputation. The company mentioned did not have sufficient independent, documentary evidence to support its distinguished reputation.
High Salary or Remuneration: The Petitioner failed to provide sufficient evidence of commanding a high salary or other significantly high remuneration for services in relation to others in her field. The documentation provided did not confirm the amount of compensation or its comparison to the earnings of other visual artists.
Key Points from the Decision
Awards and Prizes Won:
No evidence of major, internationally recognized awards was provided.
Published Materials About the Petitioner:
The Petitioner met the criterion related to published material by demonstrating her work has been featured in professional or major trade publications.
Original Contributions of Major Significance:
Not applicable or not met.
Participation as a Judge:
Not applicable or not met.
Membership in Associations:
Not applicable or not met.
Authorship of Scholarly Articles:
Not applicable or not met.
Leading or Critical Role Performed:
The Petitioner failed to demonstrate that she played a leading or critical role in organizations with a distinguished reputation.
Artistic Exhibitions or Showcases:
The Petitioner demonstrated that her work has been displayed at artistic exhibitions or showcases, meeting this criterion.
Evidence of High Salary or Remuneration:
The Petitioner did not provide sufficient evidence to show she commanded a high salary or significantly high remuneration compared to others in her field.
Commercial Successes in the Performing Arts:
Not applicable or not met.
Supporting Documentation
- Published Materials: Evidence that the Petitioner’s work has been featured in major media.
- Artistic Exhibitions: Proof of the Petitioner’s participation in artistic exhibitions and showcases.
- Purchase Orders and Invoices: Submitted to demonstrate earnings, but did not meet the necessary criteria for high remuneration.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not meet the required evidentiary criteria for demonstrating extraordinary ability as defined under the relevant regulations. The documentation provided was insufficient to establish the necessary acclaim and recognition in her field.
Next Steps: The Petitioner may consider submitting additional evidence or reapplying if she can provide documentation meeting the required criteria.
Download the Full Petition Review Here
Cite as Matter of G-M-, ID# 20480162
Document: MAY122022_01B2203
