Date of Decision: November 2, 2023
Service Center: Nebraska 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:
Display of the work at artistic exhibitions or showcases: The petitioner demonstrated that his work was displayed at artistic exhibitions or showcases.
Criteria Not Met:
Lesser nationally or internationally recognized prizes or awards for excellence: The petitioner did not provide sufficient evidence that the awards he received are nationally or internationally recognized for excellence in the field.
Membership in associations in the field: The petitioner did not demonstrate that the associations he is a part of require outstanding achievements of their members.
Other criteria: The petitioner did not meet any additional criteria necessary for the classification.
Key Points from the Decision
Awards and Prizes Won:
- The petitioner claimed eligibility based on several awards:
- 5th prize, Award (Drawing, Calligraphy, Printmaking category)-12th (2019)
- 2nd place – Horse Painting Competition, International Arabian Horse Festival (2022)
- 3rd place – Painting Competition, Festival (2017) However, the evidence provided did not establish that these are nationally or internationally recognized awards for excellence in the field.
Membership in Associations:
- The petitioner claimed eligibility based on membership in the Qatar Fine Arts Association (QFAA). However, the petitioner did not demonstrate that the QFAA requires outstanding achievements for membership.
Published Materials About the Petitioner:
- No sufficient evidence was provided to establish recognition in published materials.
Original Contributions of Major Significance:
- No substantial evidence was presented to demonstrate original contributions of major significance in the field.
Participation as a Judge:
- No evidence was provided to support participation as a judge of the work of others in the field.
Membership in Associations:
- Membership in the Qatar Fine Arts Association (QFAA) did not meet the criteria as the association does not have sufficiently restrictive membership requirements.
Authorship of Scholarly Articles:
- No evidence was provided to support authorship of scholarly articles in the field.
Leading or Critical Role Performed:
- No evidence was provided to demonstrate a leading or critical role in distinguished organizations.
Artistic Exhibitions or Showcases:
- The petitioner provided evidence of participation in artistic exhibitions and showcases.
Evidence of High Salary or Remuneration:
- The petitioner did not provide sufficient evidence to support claims of high salary or remuneration in relation to others in the field.
Commercial Successes in the Performing Arts:
- No evidence was provided to support commercial successes in the performing arts.
Supporting Documentation
- Invoices and Proposals: Evidence provided related to murals painted for a member of the Qatari royal family.
- Certificates: Provided certificates of appreciation and participation but did not sufficiently demonstrate national or international recognition.
Conclusion
Final Determination: Appeal dismissed; the petitioner did not meet the evidentiary criteria for the EB1 Extraordinary Ability classification.
Reasoning: The petitioner did not provide sufficient evidence to demonstrate eligibility under the required criteria.
Next Steps: The petitioner may consider gathering more robust evidence or consulting with an immigration attorney to strengthen the case before reapplying.
