Date of Decision: JUNE 13, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Media Director
Field: Advertising
Nationality: Brazil
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
(i) Lesser nationally or internationally recognized prizes or awards for excellence:
The petitioner claimed she worked on advertising campaigns that won Bronze and Silver awards at the Festival of Creativity. However, the evidence did not establish that she was a named recipient of these awards.
(iii) Published material about the individual in professional or major media:
The petitioner submitted eight articles from various trade publications. The Director initially determined two articles met the requirements, but on review, none were found to qualify due to insufficient evidence of the publications being major trade publications or media.
(vii) Display at artistic exhibitions or showcases:
The petitioner claimed her work was displayed at the 2016 Festival of Creativity and in a virtual exhibition. However, the evidence did not demonstrate that these displays attributed the work to her specifically.
Criteria Not Met:
(vi) Authorship of scholarly articles in the field:
The petitioner authored three articles aimed at a learned audience within the marketing and advertising field. The Director determined that the articles were not scholarly, and the publications did not qualify as major trade publications.
(viii) Leading or critical role for distinguished organizations or establishments:
While the petitioner held significant positions within well-regarded advertising agencies, the evidence did not show that her work resulted in sustained national or international acclaim.
(ix) High remuneration for services:
The petitioner did not contest the Director’s conclusions regarding her remuneration, which was therefore considered abandoned.
Key Points from the Decision
Awards and Prizes Won:
The awards cited by the petitioner were deemed to have been awarded to her employer rather than to her directly, which did not satisfy the criteria.
Published Materials About the Petitioner:
The submitted articles did not qualify due to the lack of evidence that the publications were major trade publications or other major media. The articles also failed to provide significant coverage of the petitioner.
Original Contributions of Major Significance:
The evidence did not demonstrate that the petitioner’s work had a significant impact on the advertising industry at a national or international level.
Participation as a Judge:
Not applicable in this case.
Membership in Associations:
Not applicable in this case.
Authorship of Scholarly Articles:
The articles authored by the petitioner were not considered scholarly and the publications did not qualify as major trade publications.
Leading or Critical Role Performed:
The petitioner held high-ranking positions but did not provide sufficient evidence to show her work resulted in sustained national or international acclaim.
Artistic Exhibitions or Showcases:
The petitioner’s work was claimed to be displayed at artistic showcases, but the evidence did not attribute the displays specifically to her.
Evidence of High Salary or Remuneration:
Not applicable in this case.
Commercial Successes in the Performing Arts:
Not applicable in this case.
Supporting Documentation
- Chairman’s Letter: Confirmed awards won by campaigns the petitioner worked on.
- Articles from Meio & Mensagem and Adnews: Provided coverage of the petitioner’s work but did not meet the regulatory requirements.
- Various Publications: SimilarWeb data showing website rankings, but insufficient to establish the publications as major media.
Conclusion
Final Determination: Appeal dismissed.
Reasoning: The petitioner did not meet the required initial evidence of either a one-time achievement or documents that meet at least three of the ten lesser criteria. The evidence did not demonstrate sustained national or international acclaim.
Next Steps: The petitioner may consider gathering more robust evidence of individual accomplishments and national or international acclaim before reapplying.
