Date of Decision: February 8, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Photographer
Field: Photography and Digital Marketing
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Published Material: Major media has published material about the Petitioner.
- The Director acknowledged that the Petitioner met the published material criterion under 8 C.F.R. § 204.5(h)(3)(iii).
Criteria Not Met:
- Membership in Associations:
- The Petitioner is a member of Professional Photographers of America, but it does not require outstanding achievements of its members.
- Artistic Exhibitions or Showcases:
- Evidence submitted showed the Petitioner’s work displayed at events, but it was insufficient to demonstrate an artistic exhibition.
- Leading or Critical Role:
- The Petitioner did not demonstrate that his businesses had a distinguished reputation, despite his role as founder and director.
- High Salary or Remuneration:
- The Petitioner failed to provide sufficient evidence that his income as a Director of Photography was high relative to others in the field.
- Commercial Successes in Performing Arts:
- The Petitioner did not submit box office receipts or sales figures to demonstrate commercial success in the performing arts.
Key Points from the Decision
Awards and Prizes Won:
- No major internationally recognized award was presented.
Published Materials About the Petitioner:
- Recognized major media publications met one of the ten criteria.
Original Contributions of Major Significance:
- No specific evidence was provided.
Participation as a Judge:
- Not applicable.
Membership in Associations:
- Membership in Professional Photographers of America did not meet the criteria for outstanding achievements.
Authorship of Scholarly Articles:
- Not applicable.
Leading or Critical Role Performed:
- Evidence showed the Petitioner in a leading role, but his businesses lacked a distinguished reputation.
Artistic Exhibitions or Showcases:
- Submitted evidence was insufficient to meet this criterion.
Evidence of High Salary or Remuneration:
- Income tax return showed earnings as a company owner, not specifically as a Director of Photography.
Commercial Successes in the Performing Arts:
- Evidence did not meet the regulatory requirements of box office receipts or sales attributable to his own work.
Supporting Documentation
- Published Articles:
- Articles and media coverage recognizing the Petitioner’s work.
- Exhibition Flyers:
- Flyers and photographs from events where the Petitioner’s work was displayed.
- Client Testimonials:
- Letters from clients attesting to the Petitioner’s photography work.
- Income Tax Return:
- Brazilian individual income tax return.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
- The Petitioner did not meet the evidentiary criteria for three of the ten regulatory requirements.
- The Petitioner did not demonstrate sustained national or international acclaim or that he is among the top of his field.
Next Steps:
- The Petitioner may consider gathering additional evidence to meet the required criteria or explore other visa options.
