Date of Decision: September 5, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Model
Field: Fashion and Modeling
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Service as a Judge of the Work of Others:
The evidence regarding the Petitioner’s activity on the audition team panel for a Nigerian modeling agency was sufficient to meet this criterion. This involvement demonstrated her expertise and recognition in evaluating the work of others in her field.
Criteria Not Met:
Lesser National or International Awards:
The Petitioner failed to provide sufficient evidence regarding the prestige and recognition of the beauty pageants at which she received awards. The provided information lacked corroborating evidence such as television transcripts, broadcast schedules, or selection criteria for the awards.
Published Material About the Petitioner:
The evidence did not establish that the media which published material about the Petitioner could be considered major media. The provided sources lacked independent circulation or distribution statistics and verifiable sources to support their reputation as major media.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner received awards at three beauty pageants but did not establish that these awards were for excellence in her field of modeling. The evidence lacked details about the selection criteria and the national or international recognition of these awards.
Published Materials About the Petitioner:
The materials submitted, such as newspaper clippings and online articles, lacked sufficient information about the national or international reputation of the media outlets. The evidence did not support the qualification of these publications as major media.
Original Contributions of Major Significance:
Not addressed in the decision, suggesting no evidence was presented for this criterion.
Participation as a Judge:
The Petitioner served on the audition team panel for a Nigerian modeling agency, demonstrating her recognized expertise in the field.
Membership in Associations:
Not addressed in the decision, suggesting no evidence was presented for this criterion.
Authorship of Scholarly Articles:
Not applicable based on the field of fashion and modeling.
Leading or Critical Role Performed:
Not addressed in the decision, suggesting no evidence was presented for this criterion.
Artistic Exhibitions or Showcases:
Not applicable based on the field of fashion and modeling.
Evidence of High Salary or Remuneration:
Not addressed in the decision, suggesting no evidence was presented for this criterion.
Commercial Successes in the Performing Arts:
Not applicable based on the field of fashion and modeling.
Supporting Documentation
The documentation included links to websites discussing the popularity of Nigerian newspapers, information about beauty pageants, and evidence of the Petitioner’s participation on an audition team panel. However, this evidence did not sufficiently establish the prestige or major significance required for the claimed criteria.
Conclusion
Final Determination: Appeal dismissed.
Reasoning:
The Petitioner did not submit the required initial evidence of meeting at least three of the ten criteria listed in the regulations. The overall review of the submitted materials did not demonstrate the sustained acclaim and recognition required for the classification sought.
Next Steps:
The Petitioner may consider gathering more robust and detailed evidence to support the criteria that were not met. Ensuring that all documentation includes specific details about the significance and impact of the Petitioner’s achievements on the field is crucial for any future submissions.
