Date of Decision: April 15, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Beauty products company
Field: Business (Cosmetics Industry)
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Leading Role for Organizations with Distinguished Reputation:
The Beneficiary held managerial and executive positions with well-known cosmetics companies, demonstrating a leading role in these organizations.
Published Material About the Beneficiary:
There were articles and interviews in major trade and other media discussing the Beneficiary’s work and contributions to the field.
Criteria Not Met:
Receipt of Lesser Nationally or Internationally Recognized Prizes or Awards:
The Beneficiary led efforts to launch and market award-winning cosmetics products. However, the awards were granted to the products and companies, not personally to the Beneficiary.
Evidence indicated that the awards were based on product performance rather than the Beneficiary’s business acumen.
Original Contributions of Major Significance:
The Petitioner claimed the Beneficiary made significant contributions to product development and marketing. However, the evidence did not demonstrate a major impact on the field, nor did it show that other companies adopted these innovations.
Examples of claimed contributions included product innovations like magnetic packaging and major marketing campaigns, but these were not sufficiently documented as having significant influence on the broader field.
High Salary or Other Significantly High Remuneration:
While the Beneficiary’s salary exceeded the average reported salaries, the comparison data was insufficient to prove it was significantly high relative to other executives in the field.
The evidence did not provide a complete picture of the range of executive salaries, making it difficult to establish that the Beneficiary’s compensation was at the top echelon.
Key Points from the Decision
Awards and Prizes Won:
Summary of Findings:
The Beneficiary did not receive any personal awards or prizes. The awards mentioned were given to the products or the company.
Key Quotes or References:
“The focus in this criterion is on the individual’s receipt of awards or prizes, as opposed to his or hers employer’s receipt of award or prizes.”
Published Materials About the Petitioner:
Summary of Findings:
Several articles mentioned the Beneficiary’s role and contributions, but they focused on product performance rather than recognizing her personal achievements in the field.
Key Quotes or References:
“While these articles confirm her position as a marketing executive… they do not focus on any contributions made by the Beneficiary to the cosmetics industry or the field of business.”
Original Contributions of Major Significance:
Summary of Findings:
The Beneficiary’s claimed contributions, such as product innovations and marketing strategies, were not documented to have significantly impacted the field. They primarily benefited her employers.
Key Quotes or References:
“The commercial or critical success of the products may have led to improved sales for her employers, but the evidence shows that that impact was felt by those employers only, not the broader field.”
Supporting Documentation
Letters from Beneficiary’s Superiors:
Detailed the Beneficiary’s roles and contributions to product development and marketing campaigns.
IRS Forms W-2 and Earnings Statements:
Provided salary information but lacked comprehensive comparison data to establish high remuneration.
Articles and Media Interviews:
Included quotes from the Beneficiary and discussed her work, but did not provide evidence of widespread recognition or impact.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The Beneficiary did not meet the required initial evidence of either a one-time achievement or sufficient documentation to fulfill at least three of the ten criteria.
The evidence provided did not support a finding of sustained national or international acclaim or recognition required for the classification.
Next Steps:
The Petitioner may consider re-evaluating the evidence and providing additional documentation that directly attributes awards and significant contributions to the Beneficiary.
Consulting with an immigration attorney specializing in extraordinary ability petitions may help in better presenting the case for future appeals or petitions.
