Date of Decision: April 3, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Fashion and Event Photographer
Field: Photography
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases.
The petitioner submitted documentary evidence showing that he exhibited his photography at the and the .
Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
The petitioner submitted documentary evidence showing that he performed in a critical role as a photographer for various distinguished websites.
Criteria Not Met:
Published material about the alien in professional or major trade publications or other major media.
The petitioner failed to provide sufficient evidence to demonstrate that the articles about him were published in major media or professional publications with significant readership.
Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
Although the petitioner provided letters attesting to his contributions, there was insufficient corroborative evidence to demonstrate that his work had a major impact on the field of fashion and event photography.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not submit evidence of a one-time achievement or major internationally recognized awards.
Published Materials About the Petitioner:
The petitioner submitted several articles; however, they did not meet the evidentiary standards to qualify as published material in major media or professional publications.
Original Contributions of Major Significance:
Letters supporting the petitioner’s work claimed originality and significance but lacked specific, corroborative examples demonstrating major significance in the field.
Participation as a Judge:
Not applicable or not submitted.
Membership in Associations:
Not applicable or not submitted.
Authorship of Scholarly Articles:
Not applicable or not submitted.
Leading or Critical Role Performed:
The petitioner demonstrated critical roles in some projects but did not sufficiently establish this across multiple distinguished organizations.
Artistic Exhibitions or Showcases:
The petitioner successfully demonstrated his participation in artistic exhibitions.
Evidence of High Salary or Remuneration:
Not applicable or not submitted.
Commercial Successes in the Performing Arts:
Not applicable or not submitted.
Supporting Documentation
The petitioner submitted various supporting documents including letters from professionals in the field, articles, and evidence of exhibitions. Each document was reviewed, and while some demonstrated specific accomplishments, they did not collectively meet the high standard required for EB1 Extraordinary Ability classification.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The petitioner did not meet the required criteria for EB1 classification. The evidence provided was insufficient to demonstrate that the petitioner is one of the small percentage who has risen to the very top of the field of endeavor and has sustained national or international acclaim.
Next Steps:
The petitioner may consider re-evaluating the criteria and submitting additional evidence or potentially filing a new petition with more comprehensive documentation.
Download the Full Petition Review Here
