Date of Decision: November 25, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Creative Director
Field: Fashion Accessories Design
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Artistic Exhibitions or Showcases: The Beneficiary exhibited her work at various locations including art exhibitions.
Criteria Not Met:
Awards and Prizes: The Petitioner did not demonstrate that the Beneficiary’s awards were nationally or internationally recognized.
Published Materials About the Petitioner: Articles submitted contained false information and did not meet the regulatory criteria.
Original Contributions of Major Significance: No evidence was provided to show that the Beneficiary’s work had a significant impact on the field.
Participation as a Judge: Not mentioned or evidenced.
Membership in Associations: Not mentioned or evidenced.
Authorship of Scholarly Articles: Not mentioned or evidenced.
Leading or Critical Role Performed: Not evidenced in the context required by the regulations.
Evidence of High Salary or Remuneration: The salary provided was not documented and did not meet the high remuneration criteria.
Commercial Successes in the Performing Arts: Not applicable or evidenced.
Key Points from the Decision
Awards and Prizes Won: The Petitioner failed to provide evidence that the Beneficiary’s awards were recognized at a national or international level in the visual arts field.
Published Materials About the Petitioner: Articles provided contained false information, undermining the credibility of the evidence.
Original Contributions of Major Significance: No documentary evidence was presented to show the Beneficiary’s work influenced the field significantly.
Participation as a Judge: Not mentioned.
Membership in Associations: Not mentioned.
Authorship of Scholarly Articles: Not mentioned.
Leading or Critical Role Performed: Insufficient evidence provided.
Artistic Exhibitions or Showcases: The Beneficiary’s exhibitions were mentioned but the evidence provided was unreliable due to false information in submitted articles.
Evidence of High Salary or Remuneration: The Petitioner did not provide sufficient documentation to support the claim of high remuneration.
Commercial Successes in the Performing Arts: Not applicable.
Supporting Documentation
- Event Program for Exhibition: Indicating the Beneficiary was one of four who displayed their work.
- Articles in Major Media: Submitted articles contained false information and were not accepted.
- Design Sheets and Sales Tables: Provided but did not demonstrate the required level of significance in the field.
Conclusion
Final Determination: The appeal was dismissed due to lack of sufficient evidence across multiple criteria and the willful misrepresentation of material facts.
Reasoning: The Petitioner did not meet the required evidentiary criteria and provided false information, compromising the credibility of the evidence.
Next Steps: It is recommended that the Petitioner ensure all future submissions are accurate and supported by verifiable documentation.
