Date of Decision: NOV. 16, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession:
Photographer
Field:
Fashion and Glamour Photography
Nationality:
Nepal
Summary of Decision
Initial Decision:
Denied
Appeal Outcome:
Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Display of work at artistic exhibitions or showcases
The Petitioner has been credited as the photographer in lifestyle and fashion magazines, satisfying this criterion.
Criteria Not Met:
Criterion 1: Lesser nationally or internationally recognized prizes or awards for excellence
While honored by various organizations, the accolades do not constitute recognized national or international awards.
Criterion 2: Membership in associations requiring outstanding achievements
Petitioner’s memberships lacked evidence of recognition by national or international experts for outstanding achievements.
Criterion 3: Published material about the alien
Submitted articles lacked sufficient documentation to confirm they appeared in major trade publications or other major media.
Criterion 4: Participation as a judge of the work of others
Judging beauty pageants did not demonstrate evaluation in photography or allied fields.
Criterion 5: Original contributions of major significance in the field
While experienced, the Petitioner’s work did not demonstrate major significance impacting the field of photography.
Criterion 6: Authorship of scholarly articles
Evidence did not support the Petitioner’s work as scholarly articles in professional or major trade publications.
Criterion 7: Leading or critical role for distinguished organizations
No evidence showed Petitioner’s leading or critical role in organizations with a distinguished reputation.
Criterion 8: High salary or other significantly high remuneration
No sufficient evidence of what constitutes high salary for a glamour and fashion photographer in Nepal.
Criterion 9: Commercial successes in the performing arts
Petitioner is not in a performing arts field and presented no qualifying evidence of commercial success.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner provided evidence of accolades from various organizations, but these did not meet the criterion of nationally or internationally recognized awards.
Published Materials About the Petitioner:
Articles about the Petitioner’s work were presented, but lacked sufficient documentation to confirm they appeared in recognized major media.
Original Contributions of Major Significance:
The Petitioner’s claim of introducing new photography concepts in Nepal did not demonstrate a major significance in the broader field.
Participation as a Judge:
Participation in judging beauty pageants was not considered relevant to the field of photography.
Membership in Associations:
The Petitioner did not provide sufficient evidence that his memberships were judged by recognized experts for outstanding achievements.
Authorship of Scholarly Articles:
The Petitioner did not establish that his work constituted scholarly articles in major publications.
Leading or Critical Role Performed:
Evidence did not substantiate that the Petitioner held a leading or critical role in distinguished organizations.
Evidence of High Salary or Remuneration:
Claims of high remuneration were not sufficiently supported by evidence relevant to the photography field.
Commercial Successes in the Performing Arts:
The Petitioner did not provide qualifying evidence as this criterion pertains to the performing arts field.
Supporting Documentation
- Artistic Exhibitions: Verified instances where Petitioner’s photographs were credited in fashion magazines.
- Awards and Prizes: Documents showing accolades received, not meeting the required standard of recognition.
- Membership in Associations: Verification of memberships without evidence of judgment by recognized experts.
- Published Materials: Articles lacking sufficient proof of publication in major media.
- Judging Participation: Statements about participation in beauty pageants, not aligned with photography field.
- Original Contributions: References and claims of pioneering work in Nepal’s photography, without broader field impact.
- High Salary Evidence: Letters and documents mentioning high fees, not sufficiently demonstrating industry standards.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The Petitioner did not meet the initial evidentiary requirement of satisfying at least three of the ten criteria. The totality of the evidence did not demonstrate sustained national or international acclaim or achievements recognized in the field.
Next Steps:
The Petitioner may consider additional documentation or evidence to substantiate the criteria or explore other visa classifications.
