EB-1 Extraordinary Ability USCIS Appeal Review – Gourmet Baker – MAR062020_01B2203

Date of Decision: March 6, 2020

Service Center: Nebraska Service Center

Form Type: Form I-140

Case Type: EB1 Extraordinary Ability

Petitioner Information

Profession: Gourmet Baker
Field: Culinary Arts
Nationality: Not specified

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met

Leading or Critical Role: The Petitioner provided sufficient evidence to establish that she served in a leading role for the Café, as well as evidence that this business enjoys a distinguished reputation.

Criteria Not Met

Lesser Nationally or Internationally Recognized Prizes or Awards: The Petitioner claimed that her employer, the Café, was recognized as the Best in Illinois by Buzzfeed. However, the Petitioner did not establish that she herself received this recognition. The recognition was for the Café, and the Petitioner did not provide evidence of receiving an award or prize from Buzzfeed. Furthermore, the record did not demonstrate the national or international significance of this recognition.

Published Material in Major Media: The Petitioner provided news articles about her baked goods and the recognition of the Café from websites such as abc7chicago.com, nbcchicago.com, dailyherald.com, patch.com, and chicagoparent.com. However, the Petitioner did not demonstrate that these publications qualify as major media. The evidence did not establish the significance of the Internet rankings and viewing statistics or explain how such information elevates these websites to major media relative to other publications. The articles did not primarily focus on the Petitioner and did not meet all elements of this criterion.

Display at Artistic Exhibitions or Showcases: The Petitioner argued that she met this criterion based on her appearance in a segment from the weekly local food magazine program Chicago’s Best. However, the Petitioner did not submit sufficient evidence establishing that conducting a baking demonstration equates to displaying her work at artistic exhibitions or showcases. The evidence did not establish that the program can be considered “artistic” in nature as opposed to commercial media.

Key Points from the Decision

Awards and Prizes Won:

Summary of findings: The Petitioner did not establish that she personally received nationally or internationally recognized awards.

Published Materials About the Petitioner:

Summary of findings: The Petitioner did not provide sufficient evidence to establish that published materials about her were in major trade or professional publications or other major media.

Original Contributions of Major Significance:

Summary of findings: No evidence provided.

Participation as a Judge:

Summary of findings: No evidence provided.

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: The Petitioner provided sufficient evidence to establish that she performed a leading role for the Café, which enjoys a distinguished reputation.

Artistic Exhibitions or Showcases:

Summary of findings: The Petitioner did not provide sufficient evidence to demonstrate that her work was displayed at 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: No evidence provided.

Supporting Documentation

Award Materials: Provided but did not establish national or international recognition for the individual.
Articles and Publications: Included articles from abc7chicago.com, nbcchicago.com, dailyherald.com, patch.com, and chicagoparent.com that did not meet the standards for major media coverage or were not primarily about the Petitioner.
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 met one criterion but did not provide sufficient evidence to meet at least three of the ten criteria. The Petitioner did not demonstrate sustained national or international acclaim or that she is among the small percentage at the very top of her field. The totality of the evidence did 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.

Download the Full Petition Review Here

Edward
Edward

I am a computer science student of the Federal University of Technology Owerri.
I enjoy reading Sci-fy novels, watching anime and playing basketball.

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