Date of Decision: July 16, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Fashion and Lifestyle Blogger
Field: Digital Media and Blogging
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
The petitioner claimed eligibility under eight regulatory criteria, but the Administrative Appeals Office (AAO) determined that the petitioner met only one criterion.
Criteria Met:
- Performance in Leading or Critical Roles:
- The petitioner demonstrated a critical role in managing her blog and digital platforms. However, the evidence primarily reflected individual business operations, not industry-wide recognition.
Criteria Not Met:
- Lesser Nationally or Internationally Recognized Awards:
- The petitioner provided evidence of a YouTube Silver Creator Award, but the AAO determined it was a milestone-based award with limited external recognition in fashion or lifestyle blogging.
- Additional awards lacked documentation of national or international acclaim.
- Membership in Associations:
- Membership in organizations like the Russian LGBT Network and National Association of Bloggers did not meet the requirement of outstanding achievements judged by experts in the field of fashion and lifestyle blogging.
- Published Material About the Petitioner:
- Articles from platforms such as howtogreen.ru and others did not establish major media or trade publication prominence. Inadequate evidence regarding the publications’ circulation or industry standing was provided.
- Judging the Work of Others:
- The petitioner submitted evidence of judging a blog competition but failed to demonstrate sufficient documentation of her role or the competition’s significance.
- Original Contributions of Major Significance:
- Claims of contributions, including the creation of unique hashtags, lacked evidence of broader industry impact or widespread adoption.
- High Salary or Remuneration:
- Financial records demonstrated earnings above average for Russian bloggers but not within the upper tier of remuneration in the field.
- Commercial Success in the Performing Arts:
- The petitioner cited earnings from her YouTube channel but did not demonstrate significant commercial success compared to others in the field.
Key Points from the Decision
Field Definition:
The petitioner argued that her work as an LGBT-focused fashion blogger made her extraordinary by definition. The AAO concluded that narrowing the field to an excessively specific niche undermines the regulatory requirements for national or international acclaim.
Insufficient Documentation:
Most evidence failed to meet the stringent requirements for EB-1 extraordinary ability classification. Issues included incomplete translations, inadequate evidence of industry recognition, and a lack of corroborating documentation.
Final Merits Determination Not Reached:
The petitioner did not meet the minimum three regulatory criteria required under 8 C.F.R. § 204.5(h)(3), making a final merits determination unnecessary.
Supporting Documentation
Awards Evidence: Included a YouTube Silver Creator Award and others, but none met the standard of nationally or internationally recognized awards for excellence.
Membership Evidence: Submitted but insufficient to demonstrate outstanding achievements as a membership requirement.
Published Material: Articles lacked corroboration as major media or trade publications.
Judging Activities: Documentation of competition judging was incomplete and inconsistent.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner met only one regulatory criterion under 8 C.F.R. § 204.5(h)(3). The record does not demonstrate sustained national or international acclaim or recognition as one of the small percentage at the very top of the field.
