Date of Decision: January 17, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Artistic Director and Master Hair Colorist
Field: Arts, specifically hair styling
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
Description: The beneficiary worked as an artistic director and master hair colorist for a salon and spa with a distinguished reputation, as demonstrated by the provided letters and detailed list of duties and responsibilities.
Criteria Not Met:
Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought.
Description: The petitioner submitted articles from various magazines, but these articles did not meet the criterion because they were not primarily about the beneficiary, did not qualify as major media, or lacked proper author identification.
Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
Description: The provided letters of recommendation were insufficient to demonstrate the beneficiary’s contributions of major significance. The petitioner failed to show that the work had a significant impact on the field of hair styling.
Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases.
Description: The petitioner referenced prior decisions and provided a casting director’s letter about a fashion shoot, but there was no accompanying evidence of published photographs or specific exhibitions showcasing the beneficiary’s work.
Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.
Description: While the beneficiary’s salary was provided, the comparison was made to general hairdressers, hairstylists, and cosmetologists rather than to individuals in similar supervisory and artistic director roles, rendering the comparison inadequate.
Key Points from the Decision
Published Materials About the Petitioner:
The submitted articles did not meet the criteria for published material about the beneficiary due to insufficient relevance, identification, and qualification as major media.
Original Contributions of Major Significance:
The recommendation letters and client testimonials failed to demonstrate significant contributions impacting the field of hair styling.
Artistic Exhibitions or Showcases:
There was no evidence provided to show the beneficiary’s work was displayed in artistic exhibitions or showcases.
Leading or Critical Role Performed:
The beneficiary’s role as an artistic director and master hair colorist was recognized, but other criteria were not sufficiently met.
Evidence of High Salary or Remuneration:
The salary evidence did not sufficiently demonstrate high remuneration compared to peers in similar roles.
Supporting Documentation
The petitioner provided letters of recommendation, salary statements, and articles from magazines, but these were insufficient to meet the evidentiary criteria required for EB1 classification.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner failed to meet at least three of the ten evidentiary criteria required for demonstrating extraordinary ability in the arts. The provided evidence was insufficient in demonstrating published material, significant contributions, artistic exhibitions, and appropriate salary comparisons.
Next Steps: The petitioner may consider re-evaluating the provided evidence or gathering additional documentation that specifically meets the outlined criteria for a future petition.
This case emphasizes the importance of providing detailed, relevant, and qualifying evidence to meet the high standards required for EB1 Extraordinary Ability classification.
