Date of Decision: SEPT. 26, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Make-Up Artist
Field: Arts
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published Material:
The petitioner provided published material in professional or major trade publications or other major media, relating to her work in the field. The evidence included screenshots from various websites and articles in magazines like Total Look and Antvan.
Judging:
The petitioner served on juries for hair and make-up competitions, which satisfies the judging criterion.
Artistic Exhibitions or Showcases:
The petitioner displayed her work at artistic exhibitions and showcases, such as OMC competitions.
Criteria Not Met:
Awards and Prizes:
The petitioner did not establish that her awards were nationally or internationally recognized for excellence in the field.
Membership in Associations:
The petitioner did not demonstrate that membership with the Union of Hairdressers and Cosmetologists of Russia (UHCR) requires outstanding achievements judged by recognized national or international experts.
Authorship of Scholarly Articles:
The petitioner did not establish that her authored articles met the regulatory requirements of scholarly articles in professional or major trade publications or other major media.
High Salary or Remuneration:
The petitioner did not provide comparative evidence for remuneration of other make-up artists’ earnings on projects or events to establish that she commanded a significantly high remuneration for services in relation to others in her field.
Key Points from the Decision
Published Materials About the Petitioner:
The petitioner’s evidence included screenshots from cosmo.ru, graziamagazine.ru, joybyjoy.ru, krasota.ru, cetre.ru, and articles in magazines like Total Look and Antvan. However, the petitioner did not establish that these sources are professional or major trade publications or other major media.
Participation as a Judge:
The petitioner served on juries for hair and make-up competitions, fulfilling the judging criterion.
Artistic Exhibitions or Showcases:
The petitioner displayed her work at artistic exhibitions and showcases, such as OMC competitions.
Evidence of High Salary or Remuneration:
The petitioner submitted contracts for her services at various events and letters regarding average compensation for make-up artists in Russia. However, she did not demonstrate that her remuneration was high relative to others in the field.
Supporting Documentation
- Certificates of Awards: Certificates reflecting the petitioner’s awards in various competitions.
- Membership Documentation: Bylaws and membership criteria for the Union of Hairdressers and Cosmetologists of Russia (UHCR).
- Published Material Evidence: Screenshots and articles from various websites and magazines.
- Contracts and Letters: Contracts for services at events and letters regarding average compensation for make-up artists in Russia.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not meet the required initial evidence of either a one-time achievement or documents that satisfy at least three of the ten criteria. The petitioner did not establish the acclaim and recognition required for the classification sought.
Next Steps: The petitioner may consider gathering more substantial evidence or exploring other visa options.
