Date of Decision: September 19, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Photographer
Field: Newborn Photography
Nationality: Russian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Published Materials About the Petitioner: The petitioner provided evidence of published material relating to her work in the field of newborn photography. This was one of the criteria initially recognized by the Director.
Participation as a Judge: Evidence was submitted showing the petitioner’s participation as a judge of others’ work in the field of photography. This criterion was also acknowledged by the Director.
Receipt of Internationally Recognized Prizes or Awards: On appeal, the petitioner successfully demonstrated her receipt of two honorable mention citations at the 2021 International Photography Awards (IPA) in the ‘Professional’ category. The evidence provided included media coverage, competition levels, and details of the awards’ international recognition.
Criteria Not Met:
The Director initially found that the petitioner met only two of the required three criteria and did not sufficiently recognize the evidence for internationally recognized awards. The petitioner’s argument on appeal, however, provided additional context and documentation that satisfied this third criterion.
Key Points from the Decision
Awards and Prizes Won:
The petitioner received two honorable mention citations at the 2021 International Photography Awards. These awards were in the ‘Professional’ category and recognized her work’s excellence on an international scale.
Published Materials About the Petitioner:
There was sufficient evidence of published material about the petitioner relating to her work in newborn photography, meeting one of the required criteria.
Original Contributions of Major Significance:
The decision did not specifically address original contributions of major significance, focusing instead on the criteria initially contested.
Participation as a Judge:
The petitioner provided evidence of her role as a judge in photography competitions, which was acknowledged as meeting one of the criteria.
Membership in Associations:
The decision did not provide details on membership in associations as a criterion met or contested.
Authorship of Scholarly Articles:
This criterion was not specifically discussed in the decision.
Leading or Critical Role Performed:
This criterion was not addressed in the provided document.
Artistic Exhibitions or Showcases:
While the petitioner submitted evidence of her work being displayed at artistic exhibitions or showcases, this was ultimately not required to meet the initial evidentiary threshold after the appeal confirmed her meeting the other three criteria.
Evidence of High Salary or Remuneration:
Not addressed in the decision.
Commercial Successes in the Performing Arts:
Not applicable to this petitioner’s field of expertise.
Supporting Documentation
The petitioner submitted various forms of supporting documentation, including:
- Evidence of honorable mention citations from the 2021 International Photography Awards.
- Media coverage of the International Photography Awards.
- Documentation of the petitioner’s participation as a judge in photography competitions.
- Published materials about the petitioner’s work in newborn photography.
Conclusion
Final Determination: The decision by the Director of the Nebraska Service Center was withdrawn, and the matter was remanded for a final merits determination.
Reasoning: The petitioner successfully demonstrated her receipt of internationally recognized awards, thereby meeting the requisite three criteria needed for the EB1 Extraordinary Ability category. The Director is tasked with a final merits determination to assess sustained national or international acclaim.
Next Steps: The petitioner should await the final merits determination from the Nebraska Service Center, which will evaluate the entire record to make a final decision.
