Date of Decision: March 15, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Photographer
Field: Fashion Photography
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Display of Work in Artistic Exhibitions or Showcases
The petitioner met the criterion for displaying work in the field at artistic exhibitions or showcases. His work appeared in various lifestyle and fashion magazines such as Vogue and Harper’s Bazaar, where his photographs were credited.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards
The petitioner failed to meet this criterion. The evidence showed his involvement in an award-winning advertising campaign, but he was not the recipient of the award. Moreover, the award was for healthcare advertising, not photography.
Published Material About the Petitioner in Professional or Major Trade Publications
The petitioner did not satisfy this criterion. The articles provided were about his personal life or did not meet regulatory requirements. They lacked authorship, date, or demonstrated that the publications qualified as major trade or professional media.
Original Contributions of Major Significance
The evidence submitted did not sufficiently demonstrate the petitioner’s impact in the field. Although testimonials from industry professionals praised his work, they lacked specificity regarding how his contributions significantly influenced the field of fashion photography.
Leading or Critical Role for Distinguished Organizations
The petitioner did not meet this criterion as he worked as a freelance photographer and did not demonstrate how his role was critical to the success of the organizations he worked for. Testimonials did not provide specific details on his unique impact or leadership within these entities.
Key Points from the Decision
Awards and Prizes Won:
The petitioner’s involvement in an award-winning campaign was noted, but it did not meet the necessary criteria for the EB1 category as the award was not for photography and he was not the recipient.
Published Materials About the Petitioner:
The materials submitted were insufficient as they either did not focus on his professional work or lacked necessary details such as authorship, date, and publication context.
Original Contributions of Major Significance:
While the petitioner received high praise for his work, the evidence did not establish that his contributions had a major impact on the field as required for the EB1 classification.
Participation as a Judge:
Not applicable.
Membership in Associations:
Not applicable.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
The petitioner worked as a freelance photographer for various distinguished organizations, but the evidence did not show his contributions were critical to their success.
Artistic Exhibitions or Showcases:
Met. The petitioner’s work was displayed in renowned fashion magazines.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The supporting documents included testimonials from industry professionals, copies of published work, and details of involvement in award-winning campaigns. However, these were insufficient to meet the regulatory criteria for EB1 classification.
Conclusion
Final Determination: Appeal Dismissed
Reasoning: The petitioner did not submit the required initial evidence of either a one-time achievement or documentation meeting at least three of the ten criteria listed in 8 C.F.R. § 204.5(h)(3)(i)-(x). The totality of the material did not support a finding that the petitioner had established the level of expertise required for the classification sought.
Next Steps: The petitioner may consider gathering more substantial evidence or pursuing a different visa classification that aligns better with the documentation available.
