Date of Decision: August 31, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Administrative Services Manager
Field: Administrative Services Management
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Display of Work at Artistic Exhibitions or Showcases: The petitioner’s work has been exhibited in Ukraine. The exhibitions included titled events in 2007 and 2017.
Leading or Critical Role: The petitioner has served in critical roles, including being a jury member for competitions and leading her own brand.
Criteria Not Met:
Published Material About the Petitioner: Although there were articles about the petitioner in magazines and online, the documentation did not establish these publications as professional or major media.
High Salary or Remuneration: The petitioner did not provide sufficient evidence to show that her earnings were indicative of being in the top small percentage in her field.
Original Contributions of Major Significance: The evidence did not sufficiently demonstrate that the petitioner’s contributions had a major impact on the field.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not provide evidence of receiving any major or lesser recognized awards for excellence in her field.
Published Materials About the Petitioner:
The petitioner submitted articles from various publications, but the evidence did not establish these as professional or major media.
Original Contributions of Major Significance:
While the petitioner made notable contributions, the evidence did not demonstrate that these contributions had a major impact on the field.
Participation as a Judge:
The petitioner served as the head juror for a film festival, demonstrating recognition in the field.
Membership in Associations:
The document does not provide specific details on this criterion.
Authorship of Scholarly Articles:
The document does not provide specific details on this criterion.
Leading or Critical Role Performed:
The petitioner provided evidence of holding significant positions, but did not sufficiently demonstrate that these roles were leading or critical to meet the criterion.
Artistic Exhibitions or Showcases:
The petitioner’s work has been displayed at various international film festivals, fulfilling this criterion.
Evidence of High Salary or Remuneration:
The document does not provide specific details on this criterion.
Commercial Successes in the Performing Arts:
The petitioner did not claim or provide evidence for this criterion.
Supporting Documentation
The petitioner submitted documents including articles, letters of recommendation, evidence of her participation in judging, and documentation of her contributions to the field of photography and fashion. However, the evidence was not sufficient to demonstrate sustained national or international acclaim.
Conclusion
Final Determination:
The appeal was dismissed.
Reasoning:
The USCIS concluded that the petitioner did not meet the necessary criteria for classification as an individual of extraordinary ability. While the petitioner met some criteria, the totality of the evidence did not demonstrate the sustained national or international acclaim required. The petitioner’s achievements, though notable, did not establish that she is among the small percentage at the top of her field.
Next Steps:
The petitioner may consider gathering more substantial and detailed evidence to support her claims and ensure all filing deadlines are met in future motions or appeals. It is crucial for the petitioner to address specific legal or factual errors cited in the decision notice in any future attempts.
