Date of Decision: January 30, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Jewelry Designer
Field: Arts
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
No criteria was met.
Criteria Not Met:
Awards and prizes: The petitioner submitted a “Recognition Award” from a non-profit organization in Florida. However, it was not recognized as a nationally or internationally recognized award for excellence in the field.
Published materials: The petitioner submitted photographs of public figures wearing her jewelry. However, these did not meet the requirement for published material about the petitioner, as they lacked details such as title, date, and author.
Original contributions: The petitioner submitted reference letters praising her talent. However, these did not demonstrate original contributions of major significance in the field.
Key Points from the Decision
Awards and Prizes Won:
- The petitioner submitted a “Recognition Award” from a non-profit organization in Florida. However, it was not recognized as a nationally or internationally recognized award for excellence in the field.
Published Materials About the Petitioner:
- The petitioner submitted photographs of public figures wearing her jewelry. However, these did not meet the requirement for published material about the petitioner, as they lacked details such as title, date, and author.
Original Contributions of Major Significance:
- The petitioner submitted reference letters praising her talent. However, these did not demonstrate original contributions of major significance in the field.
Participation as a Judge:
- [Not applicable]
Membership in Associations:
- The petitioner did not submit evidence to support this criterion.
Authorship of Scholarly Articles:
- The petitioner did not submit evidence to support this criterion.
Leading or Critical Role Performed:
- The petitioner did not submit evidence to support this criterion.
Artistic Exhibitions or Showcases:
- [Not applicable]
Evidence of High Salary or Remuneration:
- [Not applicable]
Commercial Successes in the Performing Arts:
- [Not applicable]
Supporting Documentation
- Recognition Award from a non-profit organization in Florida: Not recognized as a nationally or internationally recognized award.
- Photographs of public figures wearing jewelry: Did not meet the requirement for published material about the petitioner.
- Reference letters: Praised the petitioner’s talent but did not demonstrate original contributions of major significance.
Conclusion
Final Determination: The motion to reconsider is denied.
Reasoning:
- The petitioner did not submit a statement about the validity of the decision being subject to any judicial proceeding.
- The petitioner did not demonstrate that our prior decision was incorrect based on the record at the time.
- The petitioner did not meet the filing requirements for a motion to reconsider.
Next Steps:
- The petitioner may seek other legal avenues if applicable, but the current petition and motion are denied.
