Date of Decision: DEC. 12, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Fashion Model
Field: Fashion Business
Nationality: [Nationality Not Provided]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Participation as a Judge: The Petitioner judged a regional pageant.
Criteria Not Met:
- Nationally or Internationally Recognized Prizes or Awards: The Petitioner won the title “Miss [Name]” at the 2015 Miss [Name] beauty pageant, but it was not established as a nationally or internationally recognized prize or award for excellence.
- Published Material About the Petitioner: The Petitioner submitted magazines and other media which did not meet the criteria for professional or major trade publications or major media.
- Original Contributions of Major Significance: The Petitioner did not provide evidence of major contributions in the field.
- Artistic Exhibitions or Showcases: The Petitioner provided letters stating work in commercial productions and pre-production movie projects, which do not qualify as artistic exhibitions or showcases.
- Leading or Critical Role: The Petitioner appeared in advertisements for major brands but did not establish a leading or critical role for any organization.
- High Salary or Remuneration: The Petitioner did not provide comparative evidence to show that the fees received for advertisements were high in relation to others in the field.
- Commercial Successes in the Performing Arts: The Petitioner did not submit documentation such as box office receipts or sales figures for performing arts work.
Key Points from the Decision
Awards and Prizes Won
The Petitioner claimed a title from a beauty pageant, but this was not recognized as a significant prize or award.
Published Materials About the Petitioner
The Petitioner submitted materials from two magazines and advertisements which did not qualify as major media coverage.
Original Contributions of Major Significance
No significant contributions in the field were demonstrated by the Petitioner.
Participation as a Judge
The Petitioner judged a regional pageant, which was accepted as evidence.
Membership in Associations
No relevant information was provided regarding membership in associations.
Authorship of Scholarly Articles
No scholarly articles authored by the Petitioner were presented.
Leading or Critical Role Performed
The Petitioner’s roles in advertisements were not established as critical to the organizations involved.
Artistic Exhibitions or Showcases
The Petitioner’s work in commercial productions and pre-production projects did not meet the criteria for artistic exhibitions or showcases.
Evidence of High Salary or Remuneration
The Petitioner did not provide comparative evidence to support the claim of a high salary.
Commercial Successes in the Performing Arts
No documentation of commercial success in the performing arts was submitted.
Supporting Documentation
- Judging a Regional Pageant: Accepted as evidence.
- Beauty Pageant Title: Not recognized as a significant award.
- Magazine Features and Advertisements: Did not meet criteria for major media coverage.
- Letters from Film Studio: Insufficient to meet the criteria for artistic exhibitions or showcases.
- Advertisement Participation: Not established as leading or critical roles.
- Salary Evidence: No comparative evidence provided.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not meet the required initial evidence criteria of either a one-time achievement or documentation that satisfies at least three of the ten regulatory criteria. The totality of the material provided does not support a finding of sustained national or international acclaim or demonstrate that the Petitioner is among the small percentage at the very top of the field.
Next Steps: The Petitioner may consider gathering more substantial and relevant evidence to support the criteria not met and reapply or seek alternative immigration options.
