Date of Decision: July 5, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Artisan, Photographer, and Fashion Designer
Field: Arts
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 satisfied the requirements of this criterion with evidence of her work being exhibited in various artistic exhibitions.
Criteria Not Met:
Published Materials About the Petitioner: The petitioner provided magazine articles, Internet blogs, and local television interviews. However, the evidence did not establish that these were major media publications due to a lack of supporting evidence such as circulation figures or website metrics.
Original Contributions of Major Significance: The petitioner submitted letters praising her work and examples of her artistic contributions, such as magazine covers and a permanent collection in a museum. However, the evidence did not demonstrate that her work had influenced the broader fields of photography or fashion design.
Leading or Critical Role: The petitioner provided evidence of her involvement with her own brands and installations in local businesses. However, the documentation did not establish that she played a critical role for any distinguished organizations or that her contributions significantly impacted those organizations.
High Salary or Remuneration: The evidence provided was either prospective in nature or lacked clarity in differentiating between the petitioner’s income and her husband’s income. The unaudited financial statements and incomplete documents did not support the petitioner’s claim under this criterion.
Commercial Successes in the Performing Arts: The petitioner did not provide evidence related to commercial successes in the performing arts, and the evidence provided did not meet the specific types required by this criterion.
Key Points from the Decision
Awards and Prizes Won: Not applicable based on the provided evidence.
Published Materials About the Petitioner: The petitioner’s submissions included various media appearances and publications. However, these did not qualify as major media due to a lack of corroborative evidence.
Original Contributions of Major Significance: The petitioner’s artistic contributions were acknowledged but did not demonstrate a major significance in the broader fields of photography or fashion design.
Participation as a Judge: Not applicable based on the provided evidence.
Membership in Associations: Not applicable based on the provided evidence.
Authorship of Scholarly Articles: Not applicable based on the provided evidence.
Leading or Critical Role Performed: The petitioner’s roles in her own brands and local businesses were acknowledged but did not meet the criterion of leading or critical roles for distinguished organizations.
Artistic Exhibitions or Showcases: The petitioner’s work was displayed in various exhibitions, fulfilling this criterion.
Evidence of High Salary or Remuneration: The evidence provided did not clearly establish the petitioner’s income as significantly high.
Commercial Successes in the Performing Arts: Not applicable based on the provided evidence.
Supporting Documentation
The documentation included magazine articles, Internet blogs, local television interviews, letters of praise, financial statements, and examples of artistic contributions such as magazine covers and museum collections. However, much of the evidence did not meet the necessary criteria to demonstrate extraordinary ability.
Conclusion
Final Determination: Appeal Dismissed
Reasoning: The petitioner did not meet the required initial evidence of either a one-time achievement or documentation that meets at least three of the ten criteria. While the petitioner satisfied the display criterion, the totality of the evidence did not support a finding of sustained national or international acclaim or that the petitioner is among the small percentage at the very top of her field.
Next Steps: The petitioner may consider gathering more substantial evidence of individual achievements and acclaim within the field, focusing on personal awards, critical reviews, and documented contributions of major significance to strengthen future petitions.
