Date of Decision: January 16, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Artisan, Photographer, and Fashion Designer
Field: Art and Design
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
Display at Artistic Exhibitions or Showcases: The Petitioner met the criterion for the display of her work at artistic exhibitions or showcases.
Leading or Critical Role: The Petitioner played a leading or critical role for an organization with a distinguished reputation. She held a prominent position in her field and contributed significantly to her organization’s success.
Criteria Not Met
Published Material in Major Media: The Petitioner provided two articles published in the magazine Domus Design. However, one article was previously submitted and reviewed, and the second lacked a complete translation initially. Upon review, the article was found to focus on an apartment design rather than the Petitioner herself. The evidence did not establish that Domus Design was a major media publication or that the articles were primarily about the Petitioner.
High Salary or Remuneration: The Petitioner submitted evidence of remuneration, including an IRS Form 1099 for a $9,800 payment for a project and salary comparisons. However, the evidence did not demonstrate that this remuneration was high relative to others in her field. The documentation provided did not sufficiently compare her remuneration with that of other interior designers, which was necessary to meet the criterion.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: No evidence provided.
Published Materials About the Petitioner:
Summary of findings: The Petitioner did not provide sufficient evidence to establish that published materials about her were in major trade or professional publications or other major media. The articles provided did not focus on the Petitioner.
Original Contributions of Major Significance:
Summary of findings: No evidence provided.
Participation as a Judge:
Summary of findings: No evidence provided.
Membership in Associations:
Summary of findings: No evidence provided.
Authorship of Scholarly Articles:
Summary of findings: No evidence provided.
Leading or Critical Role Performed:
Summary of findings: The Petitioner played a leading or critical role for an organization with a distinguished reputation, satisfying this criterion.
Artistic Exhibitions or Showcases:
Summary of findings: The Petitioner met the criterion for the display of her work at artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
Summary of findings: The Petitioner did not provide sufficient evidence to establish that her salary or remuneration was high relative to others in the field.
Commercial Successes in the Performing Arts:
Summary of findings: No evidence provided.
Supporting Documentation
Award Materials: Provided but did not establish national or international recognition for the individual.
Articles and Publications: Included articles from Domus Design that did not meet the standards for major media coverage.
Letters from Colleagues and Organizations: Praised the Petitioner’s work but lacked sufficient detail to demonstrate major significance or critical roles.
Salary Documentation: Insufficient for establishing high remuneration.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner met two criteria but did not provide sufficient evidence to meet at least three of the ten criteria. The Petitioner did not demonstrate sustained national or international acclaim or that she is among the small percentage at the very top of her field. The totality of the evidence did not support a finding of the required acclaim and recognition for the classification sought.
Next Steps: The Petitioner must provide more substantial and specific evidence to meet the criteria for extraordinary ability classification.
