Date of Decision: March 29, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Fashion Designer
Field: Fashion Design
Nationality: [Not specified in the provided document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Display of Work:
The Petitioner fulfilled one criterion regarding the display of her work.
Criteria Not Met:
- Authorship of Scholarly Articles:
The Petitioner did not meet this criterion as her presentation was not considered scholarly or published in major media. - Leading or Critical Role:
The Petitioner did not establish that she played a leading or critical role for organizations with a distinguished reputation. - Commercial Success:
The Petitioner did not provide sufficient evidence to demonstrate that her commercial success was comparable to box office receipts or sales in the performing arts.
Key Points from the Decision
Awards and Prizes Won:
No major, internationally recognized award was provided.
Published Materials About the Petitioner:
While there were articles about her company, they did not establish a distinguished reputation.
Original Contributions of Major Significance:
Not demonstrated.
Participation as a Judge:
Not applicable or demonstrated.
Membership in Associations:
Not applicable or demonstrated.
Authorship of Scholarly Articles:
The presentation was given to a general audience and not considered scholarly.
Leading or Critical Role Performed:
The Petitioner did not sufficiently demonstrate the distinguished reputation of her company or other organizations.
Artistic Exhibitions or Showcases:
Met the criterion for the display of her work.
Evidence of High Salary or Remuneration:
Not applicable or demonstrated.
Commercial Successes in the Performing Arts:
Sales of her designs were not shown to reflect her success relative to other fashion designers.
Supporting Documentation
- Video Presentation:
A video presentation on “what to look for when buying children’s wear,” given to a general audience. - Published Articles:
Articles about her company, which did not sufficiently establish the company’s distinguished reputation.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not meet the initial evidence requirement of three criteria and failed to demonstrate sustained national or international acclaim.
Next Steps: It is recommended that the Petitioner gather more substantial evidence and consider reapplying with additional documentation that meets the required criteria.
