Date of Decision: February 24, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Fashion Model
Field: Fashion
Nationality: [Nationality not specified in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Participation as a Judge: The petitioner satisfied the judging requirement, indicating involvement in the evaluation of others in their field.
Criteria Not Met:
- Published Material:
- The petitioner provided several articles dating back to the mid-2000s, but many did not meet the requirements of being about the petitioner and related to her work.
- Some material was not considered major media, and recent published material was not about her or related to her work.
- Older articles lacked circulation statistics from around the time of publication.
- Original Contributions:
- The petitioner provided letters and media praising her unique appearance but did not demonstrate major significance or a significant impact on the field.
- Display of Work:
- The petitioner provided photographs and claimed appearances in magazines and fashion shows. However, these did not qualify as artistic exhibitions or showcases as required by the regulation.
- Commercial Success:
- The petitioner argued her success could be shown through industry rankings and job consistency but failed to provide monetary or comparable commercial success evidence.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not claim to have won any major, internationally recognized awards.
Published Materials About the Petitioner:
- Findings: The provided articles did not meet the required standards. Some were not about the petitioner, others lacked necessary circulation data, and translations did not meet regulatory standards.
- Key Quotes or References: Not provided in sufficient detail to meet criteria.
Original Contributions of Major Significance:
- Findings: Although the petitioner was recognized for her unique appearance, there was no evidence that this had a significant impact on the field of fashion modeling.
- Key Quotes or References: Letters praised her unique look but did not demonstrate major significance.
Participation as a Judge:
- Findings: The petitioner met this criterion by judging in her field.
- Key Quotes or References: Specific examples were not detailed in the document.
Membership in Associations:
- Not discussed in the document.
Authorship of Scholarly Articles:
- Not applicable to the petitioner’s field.
Leading or Critical Role Performed:
- Findings: The petitioner did not demonstrate a leading or critical role in her field.
Artistic Exhibitions or Showcases:
- Findings: The petitioner’s appearances in magazines and fashion shows did not qualify as artistic exhibitions or showcases.
- Key Quotes or References: The evidence did not meet the criteria.
Evidence of High Salary or Remuneration:
- Not discussed in the document.
Commercial Successes in the Performing Arts:
- Findings: The petitioner did not provide evidence of commercial success through box office receipts or similar metrics.
Supporting Documentation
- Letters from Industry Professionals: Praised the petitioner’s unique look but lacked specifics on major significance.
- Published Articles: Varied in relevance and did not meet the required standards for major media or professional publications.
- Fashion Show Appearances: Documented but did not qualify as artistic showcases.
Conclusion
Final Determination: Denied
Reasoning:
- The petitioner did not meet the initial evidence requirements of either a one-time major achievement or three of the ten regulatory criteria.
- The totality of the evidence did not demonstrate sustained national or international acclaim or that the petitioner is among the small percentage at the very top of her field.
Next Steps:
- The petitioner may consider providing more specific and relevant evidence if reapplying.
- Ensure that all evidence submitted meets the regulatory standards and addresses the specific criteria required for demonstrating extraordinary ability.
