Date of Decision: August 2, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Pastry Chef
Field: Culinary Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
Criterion 1: Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought. The submitted article was not properly certified, nor was it accompanied by evidence qualifying the website as a professional or major trade publication or other major media.
Criterion 2: Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field. The provided letters from former employers did not demonstrate that the petitioner’s contributions were of major significance in the field.
Key Points from the Decision
Awards and Prizes Won:
Not applicable.
Published Materials About the Petitioner:
The petitioner submitted an article posted on the website of a television station in Russia, which consisted of an interview about her training and work as a pastry chef in the United States. However, it was not accompanied by a certification from a translator nor evidence that the website qualifies as a professional or major trade publication or other major media. The Director concluded that the petitioner did not meet this criterion.
Original Contributions of Major Significance:
Several letters from former employers praised the petitioner’s work, but they were insufficient to show contributions of major significance to the field of pastry and chocolate preparation and cooking. The Director noted that the letters described the petitioner’s work positively but did not suggest that her work remarkably impacted or influenced other pastry chefs.
Participation as a Judge:
Not applicable.
Membership in Associations:
Not applicable.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
The petitioner claimed eligibility under this criterion on appeal but did not provide sufficient evidence to be considered.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
The petitioner claimed eligibility under this criterion on appeal, but this was not addressed due to the failure to meet the initial evidentiary requirement of three criteria.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Article from Russian Television Station: Interview about the petitioner’s training and work as a pastry chef. The article was not properly certified and lacked evidence to qualify the website as a major publication.
- Letters from Former Employers: Praised the petitioner’s work but did not demonstrate contributions of major significance to the field.
Conclusion
Final Determination: Appeal Dismissed
Reasoning: The petitioner failed to meet the initial evidentiary requirement of three criteria under 8 C.F.R. § 204.5(h)(3). Despite claims of eligibility for additional criteria on appeal, the petitioner did not provide sufficient evidence to be considered. The record does not support a finding of sustained national or international acclaim or recognition required for the highly restrictive visa classification.
Next Steps:
Recommendations or next steps for the petitioner were not provided in the decision.
