Date of Decision: August 26, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Fashion Model
Field: Fashion and Modeling
Nationality: [Not Provided in Document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published Material: The petitioner was featured in major media publications such as Vogue, Harper’s Bazaar, Elle, Glamour, and the New York Times, meeting the published material criterion at 8 C.F.R. § 204.5(h)(3)(iii).
Artistic Exhibitions or Showcases: The petitioner displayed her work at fashion shows and exhibits, fulfilling the artistic display criterion at 8 C.F.R. § 204.5(h)(3)(vii).
High Salary: The petitioner commanded a high salary in relation to other fashion models, satisfying the high salary criterion at 8 C.F.R. § 204.5(h)(3)(ix).
Key Points from the Decision
Awards and Prizes Won:
Not applicable, as no specific awards or prizes were discussed.
Published Materials About the Petitioner:
The petitioner provided substantial evidence of her work being featured in major media publications such as Vogue, Harper’s Bazaar, Elle, Glamour, and the New York Times. This extensive coverage highlights her standing in the field of fashion modeling and satisfies the published material criterion.
Original Contributions of Major Significance:
Not applicable, as the petitioner did not claim this criterion.
Participation as a Judge:
Not applicable, as the petitioner did not claim this criterion.
Membership in Associations:
Not applicable, as the petitioner did not claim this criterion.
Authorship of Scholarly Articles:
Not applicable, as the petitioner did not claim this criterion.
Leading or Critical Role Performed:
The petitioner demonstrated her critical role by walking in multiple high-profile runway shows, including opening and closing at major fashion events. Her participation in top international fashion week events further established her significance in the field.
Artistic Exhibitions or Showcases:
The petitioner’s work was displayed at various artistic exhibitions and fashion shows, fulfilling this criterion.
Evidence of High Salary or Remuneration:
The petitioner provided evidence of earning a high salary compared to other fashion models, satisfying this criterion.
Commercial Successes in the Performing Arts:
Not applicable, as the petitioner did not claim this criterion.
Supporting Documentation
Reference Letters: Provided letters from professionals and executives recognized the petitioner’s significant roles and contributions, highlighting her status and acclaim in the field.
Media Coverage: Included extensive evidence of her work being featured in major media publications, establishing her recognition and acclaim in the fashion industry.
Salary Documents: Included salary information that demonstrated the petitioner’s earnings were significantly higher than the average for fashion models.
Conclusion
Final Determination: The appeal was sustained.
Reasoning: The petitioner demonstrated that she met at least three of the regulatory criteria and provided sufficient evidence of her sustained national and international acclaim. The totality of the evidence established that she possesses a level of expertise consistent with being among the small percentage at the very top of her field. The petitioner also showed that she intends to continue working in her area of expertise and that her entry into the United States will substantially benefit the country. Therefore, the petitioner qualifies for classification as an individual of extraordinary ability.
