Date of Decision: February 19, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Fashion Merchandiser and Purchaser
Field: Fashion Merchandising
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion: High Salary or Other Significantly High Remuneration
- Description: The petitioner asserted meeting this criterion based on her earnings and job offers with annual salaries ranging between $80,000 and $100,000. However, her income from 2012 to 2014 was below the median annual wage for her profession, and the job offers were prospective and not reflective of her earnings at the time of filing.
Criteria Not Met:
Criterion: One-time Achievement or Satisfaction of Three Criteria
- Description: The petitioner did not submit documentation of a one-time achievement like a major, internationally recognized award, nor did she meet at least three of the ten regulatory criteria.
Key Points from the Decision
Awards and Prizes Won:
None provided
Published Materials About the Petitioner:
None provided
Original Contributions of Major Significance:
None provided
Participation as a Judge:
None provided
Membership in Associations:
None provided
Authorship of Scholarly Articles:
None provided
Leading or Critical Role Performed:
The petitioner did not demonstrate a leading or critical role with sufficient documentation.
Artistic Exhibitions or Showcases:
None provided
Evidence of High Salary or Remuneration:
The petitioner’s earnings were below the median for her field, and the prospective job offers could not establish eligibility at the time of filing.
Commercial Successes in the Performing Arts:
None provided
Supporting Documentation
Academic Achievements:
- Bachelor of Arts in Marketing
- Enrollment in an Executive Master of Business Administration (EMBA) program as of April 2014
Letters of Recommendation:
- General statements of praise for the petitioner’s capabilities and potential for higher compensation, without specific corroborative evidence.
Conclusion
Final Determination:
The appeal is dismissed.
Reasoning:
The petitioner did not meet the evidentiary criteria required for classification as an individual of extraordinary ability. Specifically, she failed to demonstrate sustained national or international acclaim and did not provide sufficient documentation to meet at least three of the regulatory criteria.
Next Steps:
Recommendations for the petitioner include providing more robust and specific evidence of extraordinary ability, potentially seeking professional guidance to better understand and fulfill the requirements for EB-1 classification.
