Date of Decision: February 26, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Fashion Designer
Field: Fashion Design
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
Judging the Work of Others: The Petitioner served as a jury member evaluating student fashion designs and theses. This role demonstrated participation in judging the work of others in the field.
Display at Artistic Exhibitions or Showcases: The Petitioner displayed her work at fashion shows. This meets the criterion for the display of artistic work at exhibitions or showcases.
Criteria Not Met
Published Material in Major Media: The Petitioner provided two articles, one published in Dawn Newspaper and another in MAG the Weekly. However, the article in Dawn Images was a photoshoot rather than published material about the Petitioner. Additionally, the Petitioner did not provide sufficient evidence that Dawn Images is a major media publication. The article in MAG the Weekly covered a fashion show and mentioned the Petitioner briefly, but it did not focus on her work in a way that meets the criterion.
Leading or Critical Role for Distinguished Organizations: The Petitioner claimed to hold leading or critical roles in several organizations. However, the evidence did not sufficiently demonstrate that these organizations have distinguished reputations. The letters provided confirmed the Petitioner’s employment and described her projects but did not provide specific, detailed information explaining how her roles were leading or critical to the organizations’ success. Additionally, there was no evidence to show that the organizations enjoyed eminent reputations.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: The Petitioner did not establish that she personally received nationally or internationally recognized awards.
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.
Original Contributions of Major Significance:
Summary of findings: No evidence provided.
Participation as a Judge:
Summary of findings: The Petitioner served as a jury member evaluating student fashion designs and theses, satisfying this criterion.
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 did not provide sufficient evidence to establish that she performed leading or critical roles for organizations with a distinguished reputation.
Artistic Exhibitions or Showcases:
Summary of findings: The Petitioner displayed her work at fashion shows, satisfying this criterion.
Evidence of High Salary or Remuneration:
Summary of findings: No evidence provided.
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 an article from Dawn Images and MAG the Weekly, which did not meet the standards for major media coverage or were not primarily about the Petitioner.
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.
