Date of Decision: April 19, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Jewelry Designer
Field: Jewelry Design
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Artistic Exhibitions: The Petitioner displayed her work at various exhibitions.
Criteria Not Met:
Nationally or Internationally Recognized Prizes: The Petitioner did not provide evidence of receiving nationally or internationally recognized awards.
Published Material: The photographs and articles submitted did not meet the requirements of published material about the Petitioner in major media.
Original Contributions of Major Significance: The letters and evidence provided did not demonstrate that the Petitioner’s work had significant impact in the field.
Leading or Critical Role: The evidence did not support that the Petitioner had performed in a leading or critical role for distinguished organizations.
High Salary or Remuneration: The Petitioner’s income tax filings did not show significantly high remuneration compared to others in the field.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner submitted a “Recognition Award” from a charitable organization, but it was not considered a nationally or internationally recognized award. Additionally, awards received after the petition filing date were not considered.
Published Materials About the Petitioner:
The Petitioner provided photographs and articles from fashion magazines, but they did not meet the regulatory criteria for published material.
Original Contributions of Major Significance:
Letters from various individuals and organizations were submitted, but they lacked specific examples showing the Petitioner’s work had a substantial impact on the field.
Participation as a Judge:
Not applicable.
Membership in Associations:
Not applicable.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
The evidence provided did not support that the Petitioner had a leading or critical role in distinguished organizations.
Artistic Exhibitions or Showcases:
The Petitioner successfully demonstrated that her work was displayed at artistic exhibitions.
Evidence of High Salary or Remuneration:
The Petitioner’s income tax filings did not support a finding of high remuneration.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Exhibition Records: Documenting the display of jewelry designs at various exhibitions.
- Recognition Award: A “Recognition Award” from a charitable organization in Florida.
- Photographs and Articles: Images from fashion magazines featuring models wearing the Petitioner’s jewelry.
- Letters of Support: Various letters from individuals and organizations endorsing the Petitioner’s work.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not meet the required criteria for at least three of the ten evidentiary criteria. Furthermore, the evidence provided did not demonstrate that the Petitioner had achieved a level of expertise indicating she is one of the small percentage who has risen to the very top of her field.
Next Steps: The Petitioner may seek additional evidence to support a future petition or explore other immigration options.
