Date of Decision: March 26, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Pastry Chef
Field: Culinary Arts
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Membership in Associations (8 C.F.R. ยง 204.5(h)(3)(ii)): The petitioner is a member of a professional culinary association dedicated to new techniques in gastronomy and certification of food and beverage professionals.
Published Material About the Petitioner (8 C.F.R. ยง 204.5(h)(3)(iii)): The petitioner was mentioned in several national magazines and newspapers, including Catering Magazine, BellaVista, and Extra, focusing on his career achievements and pastry competitions.
Participation as a Judge (8 C.F.R. ยง 204.5(h)(3)(iv)): The petitioner evaluated the work of graduate students at the Bakery and Bakery Institute Foundation in 2015.
Artistic Exhibitions or Showcases (8 C.F.R. ยง 204.5(h)(3)(vii)): The petitioner displayed his pastry creations at various venues, including the 2011 Express Contest and the 2016 Cake Design Contest.
Evidence of High Salary or Remuneration (8 C.F.R. ยง 204.5(h)(3)(ix)): The petitioner documented his income derived from his employment as a culinary instructor and bakery owner.
Criteria Not Met:
Awards and Prizes Won (8 C.F.R. ยง 204.5(h)(3)(i)): While the petitioner received a national award, it was deemed insufficient to demonstrate sustained national or international acclaim required for this classification.
Key Points from the Decision
Awards and Prizes Won
Summary of Findings: The petitioner won second place in the 3rd National Championship sponsored by a culinary association. This award received national attention, but it was awarded five years prior to the petition filing and did not demonstrate sustained acclaim.
Key Quotes: “The Petitioner has not demonstrated how his receipt of this single national awardโฆdemonstrates the required national or international acclaim.”
Published Materials About the Petitioner
Summary of Findings: Various national publications reported on the petitioner’s career achievements, but the coverage was not indicative of the required level of success.
Key Quotes: “The Petitioner did not show how his overall media coverage is indicative of a level of success and being among that small percentage who has risen to the very top of the field.”
Participation as a Judge
Summary of Findings: The petitioner judged graduate students’ work, which did not equate to judging recognized professionals in the field.
Key Quotes: “The Petitioner’s judging experience involves evaluating the work of students and aspiring professionals rather than established, recognized professionals.”
Membership in Associations
Summary of Findings: The petitioner is a member of a professional association, but this alone does not reflect that he is at the very top of his field.
Key Quotes: “The Petitioner has not demonstrated how membership in a single association reflects that he is among that small percentage that has risen to the very top of the field.”
Artistic Exhibitions or Showcases
Summary of Findings: The petitioner presented his work at various showcases, but did not demonstrate how this placed him at the top of his field.
Key Quotes: “The Petitioner’s evidence does not distinguish his work from others in his field or show that it reflects a career of acclaimed work in the field and sustained national or international acclaim.”
Evidence of High Salary or Remuneration
Summary of Findings: The petitioner documented his earnings but did not show they were commensurate with sustained national or international acclaim.
Key Quotes: “The Petitioner did not demonstrate how his salary compared to others at the very top of his field.”
Supporting Documentation
Awards: Certificate and newspaper articles regarding the petitioner’s national award.
Memberships: Documentation of membership in the professional culinary association.
Published Materials: Copies of articles from various national magazines and newspapers.
Judging: Documentation of the petitioner’s role as a judge at a culinary institute.
Showcases: Evidence of participation in various culinary competitions and showcases.
Salary: Financial records showing income as a culinary instructor and bakery owner.
Conclusion
Final Determination: Appeal dismissed
Reasoning: The petitioner did not establish sustained national or international acclaim or that he is among the small percentage at the very top of his field.
Next Steps: The petitioner may consider gathering more substantial evidence of his achievements and contributions, or exploring other immigration pathways that may better align with his qualifications.