Date of Decision: NOV. 27, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Fashion Model
Field: Fashion Modeling
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought: The Petitioner provided evidence of a 2008 article published in Vogue Brasil about her work as a model, which was determined to satisfy this criterion.
Criteria Not Met:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor: The Petitioner did not provide sufficient evidence to demonstrate that her awards, such as the Brazilian modeling competition prize, are nationally or internationally recognized for excellence in modeling.
- Performed in a leading or critical role for organizations or establishments that have a distinguished reputation: The evidence provided did not demonstrate that the organizations the Petitioner worked for are of distinguished reputation or that her role significantly impacted their activities.
- Commanded a high salary or other significantly high remuneration for services, in relation to others in the field: The Petitioner did not provide sufficient evidence to show that her remuneration was significantly higher compared to other models in Brazil.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner claimed awards from modeling competitions; however, the evidence did not demonstrate that these awards were nationally or internationally recognized for excellence in the field of modeling.
Published Materials About the Petitioner:
An article from Vogue Brasil in 2008 was acknowledged as meeting the criterion for published material about the Petitioner in a major media outlet.
Original Contributions of Major Significance:
Not applicable.
Participation as a Judge:
Not applicable.
Membership in Associations:
Not applicable.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
The Petitioner’s roles as a model for various Brazilian brands did not provide sufficient evidence to show a leading or critical impact on the organizations’ outcomes.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
The evidence provided did not sufficiently establish that the Petitioner commanded a significantly high salary relative to other models in Brazil.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Vogue Brasil Article (2008): Provided evidence of the Petitioner’s work and recognition in a major publication.
- Modeling Competition Awards: Documentation of the Petitioner’s awards from Brazilian modeling competitions, which were not recognized as nationally or internationally significant.
- Employment Contracts: Contracts and remuneration details that did not sufficiently establish high remuneration compared to other models in Brazil.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not meet the necessary criteria to demonstrate extraordinary ability. The evidence provided was insufficient to establish the required national or international acclaim or to prove that the Petitioner is among the small percentage at the top of her field.
Next Steps: The Petitioner may consider gathering more substantial evidence that meets the required criteria or seek alternative immigration pathways.
