Date of Decision: May 27, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Fashion Designer
Field: Fashion Design
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
Lesser Nationally or Internationally Recognized Prizes or Awards: The Petitioner received the Merit Award, an internationally recognized award in the fashion design field. This award is competitive and garners significant media attention.
Published Material in Major Media: The Petitioner’s work has been featured in major trade and media publications, including Vogue, Elle, and Bazaar, among others. These publications are recognized as major media in the fashion industry.
Display of Work at Artistic Exhibitions or Showcases: The Petitioner’s artistic work has been displayed at major fashion shows, including Fashion Week, which is considered one of the four major international shows.
Leading or Critical Role for Distinguished Organizations: The Petitioner holds a leading and critical role as the founder and CEO of his own design studio, which has achieved a distinguished reputation.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: The Petitioner received the Merit Award, an internationally recognized award that brought significant acclaim and media attention.
Published Materials About the Petitioner:
Summary of findings: The Petitioner’s work and brand have been featured in major fashion media, demonstrating recognition from industry professionals and the media.
Original Contributions of Major Significance:
Summary of findings: The Petitioner provided evidence of his contributions to the fashion industry, including letters from industry professionals and media reports highlighting his unique design elements and the broad appeal of his collections.
Participation as a Judge:
Summary of findings: No evidence provided.
Membership in Associations:
Summary of findings: No evidence provided.
Authorship of Scholarly Articles:
Summary of findings: No evidence provided.
Leading or Critical Role Performed:
Summary of findings: The Petitioner serves as the founder and CEO of his own design studio, a role critical to the success of his brand, which has received significant industry recognition.
Artistic Exhibitions or Showcases:
Summary of findings: The Petitioner’s work has been displayed at major fashion shows, establishing his prominence in the fashion industry.
Evidence of High Salary or Remuneration:
Summary of findings: No evidence provided.
Commercial Successes in the Performing Arts:
Summary of findings: No evidence provided.
Conclusion
Final Determination: The appeal is sustained.
Reasoning: The Petitioner met at least three of the evidentiary criteria listed at 8 C.F.R. § 204.5(h)(3)(i)-(x) and demonstrated sustained national and international acclaim. The Petitioner’s achievements have been recognized through extensive documentation, and he has shown that he intends to continue working in the United States in his area of expertise. The totality of the evidence establishes that the Petitioner possesses a level of expertise that is consistent with a finding that he is one of a small percentage at the very top of the field of endeavor and has documented sustained acclaim.
Next Steps: The Petitioner qualifies for classification as an individual of extraordinary ability and can continue working in the United States in his field of expertise.
