Date of Decision: JUNE 21,2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Fashion Designer
Field: Fashion Design, specifically footwear
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Participation as a Judge: The petitioner was recognized for her role in judging the work of fashion design students, providing valuable critiques and observing creative growth.
- Leading or Critical Role: The petitioner held critical roles in designing footwear for well-known fashion brands, contributing significantly to their collections and receiving media attention for some designs, particularly the wedge sneaker.
Criteria Not Met:
- Published Materials About the Petitioner: The required media coverage specifically about the petitioner was absent. Coverage mentioned designs and brands but failed to highlight the petitioner by name.
- Original Contributions of Major Significance: References failed to demonstrate an impact beyond the petitioner’s direct clients and employers, thus not meeting the standard for significant industry-wide contributions.
Key Points from the Decision
Published Materials About the Petitioner:
The appeal highlighted that the petitioner’s work appeared in media through designs worn by celebrities. However, the coverage did not specify her name or directly attribute the designs to her, thus failing this criterion.
Original Contributions of Major Significance:
The petitioner’s designs, like the wedge sneaker, received recognition within the industry and changed fashion trends. Despite this, the evidence provided did not sufficiently demonstrate an influence beyond her immediate professional circle.
Participation as a Judge:
The petitioner’s involvement in evaluating student work was acknowledged as valid and meeting the criterion of judging others’ work in the field.
Leading or Critical Role:
The petitioner’s significant roles in leading design projects for high-profile brands were recognized, supporting her claim to this criterion.
Supporting Documentation
The evidence included media articles, reference letters from industry professionals, and documentation of the petitioner’s roles and contributions to major fashion brands.
Conclusion
Final Determination: The appeal was dismissed based on the failure to meet at least three of the regulatory criteria necessary for classification as an individual of extraordinary ability in the arts.
Reasoning: The provided documentation did not convincingly demonstrate that the petitioner’s contributions had a significant impact on the field of fashion design as required.
Next Steps: Further documentation demonstrating broader industry influence and recognition might be necessary for a successful appeal.
