Date of Decision: May 17, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Model
Field: Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published Material at 8 C.F.R. § 204.5(h)(3)(iii):
The Director initially held that the petitioner met this criterion based on being featured in various publications. However, upon review, it was determined that the published material did not focus specifically on the petitioner or her work, but rather on a photo shoot involving her.
Criteria Not Met:
Membership in Associations at 8 C.F.R. § 204.5(h)(3)(ii):
The petitioner claimed membership in an organization described as the “epicenter of international models.” However, the evidence provided did not establish that this organization required outstanding achievements of its members as judged by recognized experts.
Leading or Critical Role at 8 C.F.R. § 204.5(h)(3)(viii):
The petitioner submitted a letter stating she played a significant role in organizing a charity auction in December 2013. However, the details of her role were not specified, and there was no evidence to demonstrate that the organization had a distinguished reputation.
Key Points from the Decision
Awards and Prizes Won:
Not applicable based on the provided evidence.
Published Materials About the Petitioner:
The petitioner was featured in several publications, but the content did not focus specifically on her achievements or work. Therefore, this criterion was not met upon further review.
Original Contributions of Major Significance:
Not applicable based on the provided evidence.
Participation as a Judge:
Not applicable based on the provided evidence.
Membership in Associations:
The petitioner’s membership in the organization was not sufficiently documented to meet the criteria for requiring outstanding achievements.
Authorship of Scholarly Articles:
Not applicable based on the provided evidence.
Leading or Critical Role Performed:
The petitioner’s role in organizing a charity auction was not sufficiently detailed to demonstrate it was leading or critical, nor was the organization shown to have a distinguished reputation.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable based on the provided evidence.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The petitioner provided several pieces of evidence, including:
Evidence of being featured in various publications.
Membership documentation from an organization described as the epicenter of international models.
A letter describing her role in organizing a charity auction.
Conclusion
Final Determination:
The appeal is dismissed.
Reasoning:
The petitioner did not submit sufficient evidence to meet the initial criteria required for EB1 Extraordinary Ability classification. The published material did not specifically focus on the petitioner, the membership in the organization did not require outstanding achievements, and the role in organizing a charity auction was not sufficiently detailed to demonstrate it was leading or critical. Consequently, the petitioner failed to establish the level of expertise required for the classification sought.
Next Steps:
The petitioner may consider consulting with new legal counsel to explore any further options for appeal or other immigration benefits for which she may be eligible.
