Date of Decision: June 2, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Fashion Model
Field: Fashion Modeling
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
None of the criteria were conclusively met as the Director’s findings were not upheld on appeal.
Criteria Not Met
Lesser Nationally or Internationally Recognized Prizes or Awards: The Petitioner claimed to have received the Stars of Venezuela Award. However, the Petitioner did not provide sufficient supporting evidence to demonstrate that this award is nationally or internationally recognized for excellence in the field of fashion modeling. The letters provided praised the award but did not establish its recognition within the field.
Published Material About the Petitioner: The Petitioner submitted articles from Venezuelan newspapers. However, these articles did not meet the required standards for major trade or professional publications. The articles mentioned the Petitioner but were not primarily about her work or achievements.
Participation as a Judge of the Work of Others: The Petitioner provided a certificate and a letter indicating participation as a judge in the Miss Juniors International pageant. However, there was insufficient evidence to verify the Petitioner’s role and participation as a judge in the competition. The documentation lacked detail on the contestants judged and the specific role played by the Petitioner.
Display of Work in Artistic Exhibitions or Showcases: The Petitioner provided evidence of participation in fashion exhibitions, runway shows, and print and commercial advertisements. However, the evidence did not establish that these were “artistic exhibitions or showcases” as required by the criteria. The documentation showed commercial media exposure rather than artistic showcases.
Commercial Success in the Performing Arts: The Petitioner provided documentation of her appearance in advertisements and television programs. However, the evidence did not demonstrate that the success of these media was attributable to her specific work. There was no evidence of box office receipts or sales figures to show commercial success.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: The Petitioner did not demonstrate that the Stars of Venezuela Award is nationally or internationally recognized for excellence in the field of fashion modeling.
Published Materials About the Petitioner:
Summary of findings: The articles provided did not meet the required standards for major media coverage and were not primarily about the Petitioner.
Original Contributions of Major Significance:
Summary of findings: No evidence provided.
Participation as a Judge:
Summary of findings: The Petitioner provided insufficient evidence to verify her participation as a judge in the Miss Juniors International pageant.
Membership in Associations:
Summary of findings: No evidence provided.
Authorship of Scholarly Articles:
Summary of findings: No evidence provided.
Leading or Critical Role Performed:
Summary of findings: No evidence provided.
Artistic Exhibitions or Showcases:
Summary of findings: The Petitioner did not provide sufficient evidence to establish participation in artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
Summary of findings: No evidence provided.
Commercial Successes in the Performing Arts:
Summary of findings: The Petitioner did not provide sufficient evidence to establish commercial success attributable to her work.
Supporting Documentation
Award Materials: Provided but did not establish national or international recognition.
Articles and Publications: Did not meet the required standards for major media coverage.
Letters from Colleagues and Organizations: Praised the Petitioner’s work but lacked sufficient detail to demonstrate major significance or critical roles.
Salary Documentation: Insufficient for establishing high remuneration.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not meet the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria. The record does not support a finding of the required acclaim and recognition for the classification sought.
Next Steps: The Petitioner must provide more substantial and specific evidence to meet the criteria for extraordinary ability classification.
