Date of Decision: October 6, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Footwear Designer
Field: Footwear Design
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published Material: The Petitioner provided articles in Sneaker Freaker, a major publication for sneaker enthusiasts, meeting the criterion under 8 C.F.R. § 204.5(h)(3)(iii).
Original Contributions of Major Significance: The Petitioner’s innovative footwear designs influenced other brands and received significant industry recognition, meeting the criterion under 8 C.F.R. § 204.5(h)(3)(v).
Leading or Critical Role: The Petitioner held key design roles at major footwear brands such as [Brand A] and [Brand B], meeting the criterion under 8 C.F.R. § 204.5(h)(3)(viii).
High Remuneration: The Petitioner’s high salary as a senior footwear designer met the criterion under 8 C.F.R. § 204.5(h)(3)(ix).
Key Points from the Decision
Awards and Prizes Won:
No evidence provided.
Published Materials About the Petitioner:
The Petitioner met the criterion with articles published in Sneaker Freaker, which has a substantial international following.
Original Contributions of Major Significance:
The Petitioner’s footwear designs, such as the innovative [specific design], significantly influenced the industry, demonstrating major significance.
Participation as a Judge:
Not applicable.
Membership in Associations:
Not applicable.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
The Petitioner held leading design roles at distinguished footwear brands, meeting this criterion.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
The Petitioner’s high salary compared to others in the field met this criterion.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The Petitioner provided various supporting documents, including articles, letters of reference, and evidence of high remuneration. These collectively established the required criteria for extraordinary ability.
Conclusion
Final Determination: The appeal was sustained.
Reasoning: The Petitioner demonstrated sustained national or international acclaim and is among the small percentage at the top of his field. He met the required evidentiary criteria for extraordinary ability, and his achievements have been extensively documented.
Next Steps: The Petitioner is qualified for classification as an individual of extraordinary ability and may continue working in the United States in his area of expertise, which will substantially benefit the country.
