Date of Decision: July 7, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Business Owner (Weight Loss Center)
Field: Weight Loss and Cosmetology
Nationality: Ukrainian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Authorship of Scholarly Articles:
- The petitioner authored 48 articles in reputable professional publications. However, the significance of these articles in terms of impact on the field was not established.
Criteria Not Met:
- Documentation of Lesser Nationally or Internationally Recognized Prizes or Awards:
- The petitioner failed to provide evidence that her claimed awards were nationally or internationally recognized for excellence in her field.
- Membership in Associations Requiring Outstanding Achievements:
- The petitioner did not demonstrate that her memberships required outstanding achievements as judged by recognized experts.
- Original Contributions of Major Significance:
- The petitioner did not provide sufficient evidence showing her contributions had major significance in the field of weight loss and cosmetology.
Key Points from the Decision
Awards and Prizes Won:
- The petitioner claimed several awards but did not provide adequate documentation to prove they were recognized nationally or internationally for excellence.
Published Materials About the Petitioner:
- No significant materials were provided to substantiate claims of national or international recognition.
Original Contributions of Major Significance:
- Contributions such as development of training courses and cooperation agreements were cited, but the petitioner did not prove these contributions had a significant impact on the field.
Participation as a Judge:
- Not applicable or evidenced in the appeal.
Membership in Associations:
- Memberships in the All-Ukrainian Association of Physiotherapists and Balneotherapists and the All-Ukrainian Association of Applied Aesthetics Experts did not meet the criteria for requiring outstanding achievements.
Authorship of Scholarly Articles:
- Although 48 articles were published, there was no evidence showing these articles had a significant impact on the field.
Leading or Critical Role Performed:
- Not applicable or evidenced in the appeal.
Artistic Exhibitions or Showcases:
- Not applicable or evidenced in the appeal.
Evidence of High Salary or Remuneration:
- Not applicable or evidenced in the appeal.
Commercial Successes in the Performing Arts:
- Not applicable or evidenced in the appeal.
Supporting Documentation
- Awards: Petitioner’s claimed awards lacked corroborating evidence and did not demonstrate recognition for excellence in the field.
- Membership Letters: Letters confirming membership in associations did not specify that outstanding achievements were a prerequisite.
- Original Contributions: Cooperation agreements and promotional materials were provided but did not establish major significance.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not meet the required criteria for demonstrating extraordinary ability, failing to provide sufficient evidence of national or international recognition or significant contributions to her field. The documentation did not support a conclusion of sustained acclaim or top-level recognition.
Next Steps: The petitioner may consider gathering more robust evidence that directly addresses the evidentiary criteria or exploring other visa classifications that may better match her credentials and accomplishments.
