Date of Decision: April 13, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Fashion Designer and Entrepreneur
Field: Fashion Design
Nationality: Colombian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Published Material: The petitioner provided evidence of published material about her in professional or major trade publications or other major media. One qualifying article was identified from El Heraldo de Mexico, which met the criterion with necessary details including the author’s name.
- Participation as a Judge: Evidence was submitted showing the petitioner’s role as a member of the jury for beauty pageants in 2020, which is considered an allied field to fashion design.
Criteria Not Met:
- Artistic Exhibitions or Showcases: The petitioner exhibited clothing under her brand on several occasions; however, these events were deemed commercial rather than artistic in nature, and thus did not meet the criterion.
- Commercial Successes in the Performing Arts: The petitioner did not submit evidence that demonstrated commercial success in the performing arts as defined by the regulation.
Key Points from the Decision
Awards and Prizes Won
- Summary of Findings: Not applicable; the petitioner did not claim any major, internationally recognized awards.
Published Materials About the Petitioner
- Summary of Findings: The Director initially acknowledged one article from El Heraldo de Mexico meeting the criterion. However, the majority of submitted articles lacked the required details such as author names.
Original Contributions of Major Significance
- Summary of Findings: The petitioner did not establish original contributions of major significance in her field.
Participation as a Judge
- Summary of Findings: The petitioner met the criterion by providing evidence of her role as a judge in beauty pageants in 2020.
Membership in Associations
- Summary of Findings: The petitioner did not claim or establish membership in associations that require outstanding achievements.
Authorship of Scholarly Articles
- Summary of Findings: Not applicable; no evidence of authorship of scholarly articles was presented.
Leading or Critical Role Performed
- Summary of Findings: The petitioner did not establish that she played a leading or critical role in any significant organization or industry.
Artistic Exhibitions or Showcases
- Summary of Findings: The exhibitions and showcases were deemed commercial and not artistic in nature, thus not meeting the criterion.
Evidence of High Salary or Remuneration
- Summary of Findings: The petitioner did not claim or provide evidence of a high salary or remuneration compared to others in her field.
Commercial Successes in the Performing Arts
- Summary of Findings: The petitioner did not establish commercial successes in the performing arts through box office receipts or sales.
Supporting Documentation
- Articles and Publications: Summarized and submitted but mostly lacking necessary author details.
- Judging Participation: Verified participation as a judge in beauty pageants.
- Exhibition Evidence: Exhibitions deemed commercial rather than artistic.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the initial evidence requirements of either a one-time achievement or documentation meeting at least three of the ten criteria. The totality of the evidence did not establish that the petitioner had the sustained acclaim and recognition required for the highly exclusive immigrant visa classification sought.
Next Steps: Petitioners are recommended to ensure that submitted evidence meets the regulatory requirements and includes all necessary details. Gathering more robust documentation of national or international acclaim and recognition in their field could strengthen future petitions.
