Date of Decision: November 17, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Aromatherapist
Field: Aromatherapy
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- None: The petitioner did not meet the criteria required for extraordinary ability classification.
Criteria Not Met:
- Membership in Associations:
The petitioner provided evidence of membership in the International Federation of Aromatherapists (IFA). However, membership criteria did not require outstanding achievements, thus failing to meet the necessary regulatory criteria. - Published Material:
The petitioner did not contest the director’s conclusion regarding published material, effectively waiving this criterion. - Original Contributions of Major Significance:
Letters of recommendation and other submitted evidence did not sufficiently describe specific original contributions that impacted the broader field of aromatherapy. - Authorship of Scholarly Articles:
Evidence provided did not establish that the petitioner’s books were written for learned persons in the field or that they were considered professional or major trade publications. - Leading or Critical Role:
The petitioner was noted as the founder of certain establishments; however, the provided evidence did not demonstrate that these establishments had a distinguished reputation as required by regulation.
Key Points from the Decision
Awards and Prizes Won:
- The petitioner provided evidence of receiving awards such as the “Parents’ Choice Award 2019” and a title for high-quality natural TCM aromatherapy product in 2020. However, the significance of these awards was not established.
Published Materials About the Petitioner:
- The petitioner did not provide any additional evidence on appeal regarding this criterion.
Original Contributions of Major Significance:
- The evidence did not demonstrate a specific original contribution that had a significant impact on the field of aromatherapy.
Participation as a Judge:
- Not applicable.
Membership in Associations:
- Membership in IFA was noted, but it did not meet the required standard of outstanding achievement.
Authorship of Scholarly Articles:
- The petitioner’s books did not meet the criteria for scholarly articles in major trade publications or other major media.
Leading or Critical Role Performed:
- Evidence provided did not establish the required distinguished reputation for organizations or establishments.
Artistic Exhibitions or Showcases:
- Not applicable.
Evidence of High Salary or Remuneration:
- Not applicable.
Commercial Successes in the Performing Arts:
- Not applicable.
Supporting Documentation
- Letters of Recommendation:
- From a member of the International Services Advisory Committee at a university, discussing the petitioner’s contributions to aromatherapy.
- From the petitioner’s publisher, highlighting her efforts in developing aromatherapy education and training in China.
- Awards Documentation:
- Provided documentation for awards received but lacked evidence to establish their significance.
- Membership Information:
- Detailed the different levels of membership in IFA, which did not require outstanding achievements.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
- The petitioner did not provide sufficient evidence to meet at least three of the ten regulatory criteria for extraordinary ability classification.
- The evidence provided did not demonstrate sustained national or international acclaim necessary for the classification sought.
Next Steps:
- Recommendations or next steps for the petitioner were not provided in the document.
