Date of Decision: June 6, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Design and Marketing Executive
Field: Aircraft Livery Design and Marketing
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Judging the Work of Others: The petitioner demonstrated evidence of participation as a judge of work in their field.
- Display of Work at Artistic Exhibitions or Showcases: The petitioner provided evidence of showcasing their work at exhibitions.
Criteria Not Met:
- Membership in Associations:
- The petitioner was a registered member of the Association of Registered Graphic Designers (RGD).
- However, evidence showed that the membership did not require outstanding achievements judged by national or international experts, disqualifying it under this criterion.
- Published Material About the Petitioner:
- Articles about the petitioner appeared on websites such as Business Insider, CNET, and Aviation Week.
- Evidence failed to establish that these websites were professional or major trade publications or major media.
Key Points from the Decision
Judging the Work of Others:
Evidence showed participation in evaluating projects within the marketing and design industry, satisfying this criterion.
Display of Work:
The petitioner successfully demonstrated that their work was showcased at exhibitions, meeting this criterion.
Membership in Associations:
Membership in RGD was based on educational requirements, experience, and a qualification exam but did not demonstrate outstanding achievements required under the EB-1 criteria.
Published Material About the Petitioner:
While the petitioner’s work was featured in several articles, the evidence provided did not establish that the media outlets qualified as major media or professional trade publications. Metrics from SimilarWeb were deemed insufficient to prove prominence.
Supporting Documentation
Peer Review Activities: Evidence of participation in judging projects.
Artistic Showcases: Documentation of exhibitions featuring the petitioner’s work.
Membership Evidence: RGD membership requirements lacked emphasis on outstanding achievements.
Media Coverage: Articles lacked corroboration of prominence or professional media status.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner met two evidentiary criteria but failed to satisfy a third. Without meeting at least three criteria, the petitioner did not qualify for a final merits determination. The record did not establish the petitioner as one of the small percentage at the very top of the field.
