Date of Decision: June 14, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Jewelry Designer
Field: Jewelry Design and Exhibition
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Withdrawn and remanded for further determination
Evidentiary Criteria Analysis
Criteria Met:
- Judging the Work of Others: The petitioner provided evidence of judging the work of jewelry makers, satisfying this criterion.
- Display of Work at Artistic Exhibitions: Evidence demonstrated that the petitioner’s jewelry designs were showcased at exhibitions.
- Performance in a Leading or Critical Role: Documentation confirmed the petitioner’s critical role in an organization with a distinguished reputation.
Key Points from the Decision
Director’s Analysis:
The Director initially denied the petition, concluding that the petitioner did not meet any of the evidentiary criteria.
AAO Findings:
The Administrative Appeals Office (AAO) determined that the petitioner fulfilled three of the required regulatory criteria, overcoming the stated reason for denial.
Final Merits Determination:
The AAO remanded the case for a final merits determination to assess whether the petitioner has demonstrated sustained national or international acclaim and is among the small percentage at the very top of the field.
Supporting Documentation
Judging Activities: Provided evidence of participation in evaluating the work of other jewelry makers.
Artistic Exhibitions: Documentation of jewelry showcased at exhibitions.
Leadership Evidence: Demonstrated performance in a critical role for an organization with a distinguished reputation.
Conclusion
Final Determination: The Director’s decision was withdrawn, and the matter was remanded for a new decision.
Reasoning:
The petitioner met three regulatory criteria. The Director must now undertake a final merits determination to evaluate whether the petitioner qualifies for classification as an individual of extraordinary ability.