Date of Decision: January 19, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: High Fashion Photographer
Field: Photography, particularly high fashion
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
Artistic Exhibitions or Showcases:
The petitioner documented the display of his work at various artistic exhibitions. His photography has been presented in several magazines and on websites, satisfying this criterion.
Criteria Not Met
Membership in Associations:
The petitioner did not demonstrate that his inclusion in a specific book constituted “membership” in an association that required outstanding achievements of its members, as judged by recognized national or international experts.
Published Materials About the Petitioner:
The petitioner failed to show that the published material about him in professional or major trade publications or other major media met the required standard. The provided evidence did not demonstrate major readership or significance.
Participation as a Judge:
The petitioner’s letters indicated informal evaluations of work during photoshoots, which did not equate to formal participation as a judge of the work of others in the field.
Original Contributions of Major Significance:
The reference letters did not provide specific examples showing that the petitioner’s contributions were of major significance in the field. They mainly contained attestations without detailing the significant impact on the field.
Leading or Critical Role:
The petitioner did not provide sufficient evidence to show he performed in a leading or critical role for organizations with a distinguished reputation. The letters did not demonstrate his role in the overall hierarchy of the companies or his essential contributions to their success.
High Salary or Remuneration:
The petitioner did not provide convincing evidence that he commands a high salary compared to others in his field. The provided data showed his salary was not significantly higher than the median range for photographers in the New York area.
Key Points from the Decision
Awards and Prizes Won
There was no evidence provided of awards or prizes won by the petitioner that would satisfy the criteria.
Published Materials About the Petitioner
Summary of findings: The petitioner provided articles and biographies, but they did not demonstrate major significance or extensive readership required to meet the criterion.
Original Contributions of Major Significance
Summary of findings: Letters praised the petitioner’s skills but failed to show how his work significantly impacted the field.
Participation as a Judge
Summary of findings: The petitioner’s role in evaluating work during photoshoots was considered informal and did not meet the criterion for judging the work of others formally.
Membership in Associations
Summary of findings: The petitioner’s inclusion in a specific book did not equate to membership in an association with recognized high standards.
Authorship of Scholarly Articles
No evidence was provided to satisfy this criterion.
Leading or Critical Role
Summary of findings: The petitioner’s roles were not demonstrated to be leading or critical within the organizations he worked for.
Artistic Exhibitions or Showcases
Summary of findings: The petitioner’s work was presented in various magazines and websites, satisfying this criterion.
Evidence of High Salary or Remuneration
Summary of findings: The petitioner did not demonstrate a significantly high salary compared to others in his field.
Commercial successes in the Performing Arts
No evidence was provided to satisfy this criterion.
Supporting Documentation
The petitioner provided letters from colleagues and examples of his work in magazines. However, these did not sufficiently meet the required criteria for demonstrating extraordinary ability.
Conclusion
Final Determination
The appeal is dismissed.
Reasoning
The petitioner did not submit the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria for EB1 classification.
Next Steps
The petitioner must provide more compelling evidence or documentation that meets the criteria for classification as an individual of extraordinary ability if considering future petitions or appeals.
