Date of Decision: August 6, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Makeup Artist and Beauty Training Manager
Field: Beauty Industry and Education
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Appeal Outcome: Withdrawn and remanded for further determination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:
- Performance in a Leading or Critical Role:
- The petitioner demonstrated a leading role as a beauty training manager for a renowned luxury beauty brand with U.S. operations.
- High Salary or Other Significantly High Remuneration:
- The petitioner provided evidence of commanding a high salary relative to others in the beauty and cosmetics training field, supported by employment records and comparative salary data.
Criteria Not Fully Considered by the Director:
- Judging the Work of Others:
- The petitioner claimed participation as a judge in beauty competitions and evaluations. However, the Director did not fully address or evaluate the submitted evidence.
- Display of Work in Artistic Exhibitions or Showcases:
- The petitioner provided evidence of displays and showcases in major beauty events, which was not adequately considered in the Director’s decision.
Key Points from the Decision
Director’s Errors:
The AAO determined that the Director failed to evaluate evidence and claims for the following:
- Participation as a judge of others’ work under 8 C.F.R. § 204.5(h)(3)(iv).
- Display of work at artistic exhibitions or showcases under 8 C.F.R. § 204.5(h)(3)(vii).
Remand Instructions:
- The Director must reevaluate the petitioner’s evidence to determine whether additional criteria under 8 C.F.R. § 204.5(h)(3) have been satisfied.
- If the petitioner meets at least three criteria, the Director must conduct a final merits determination to assess whether the petitioner demonstrates sustained national or international acclaim and recognition as one of the small percentage at the very top of the field.
Supporting Documentation
Leadership Evidence: Proof of a critical role in a distinguished luxury beauty organization.
Salary Evidence: Employment records and comparative salary data showing high remuneration.
Judging Evidence: Submitted records of participation in beauty competition evaluations.
Exhibition Evidence: Documentation of participation in beauty showcases and industry events.
Conclusion
Final Determination: The Director’s decision was withdrawn, and the matter was remanded for further analysis and decision-making.
Reasoning:
The petitioner met two regulatory criteria under 8 C.F.R. § 204.5(h)(3), and the Director must now reevaluate the additional evidence and conduct a final merits determination if warranted.
