Date of Decision: August 25, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Shoe Designer
Field: Arts (Shoe Design)
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Published Material:
The Petitioner met the published material criterion under 8 C.F.R. § 204.5(h)(3)(iii). The evidence included an article in a top Canadian magazine crediting the Petitioner for revitalizing a well-known shoe brand.
Leading and Critical Role:
The Petitioner satisfied the criterion for leading and critical role under 8 C.F.R. § 204.5(h)(3)(viii). As the lead and only designer for a prominent shoe brand, the Petitioner played a critical role in its design and success, with documented recognition from major fashion publications.
Display at Artistic Exhibitions or Showcases:
The Petitioner met the criterion for display at artistic exhibitions or showcases under 8 C.F.R. § 204.5(h)(3)(vii). Her designs were showcased in fashion shows and received positive coverage in fashion magazines, highlighting her unique contributions to footwear design.
Criteria Not Met:
No additional criteria not met were specified.
Key Points from the Decision
Awards and Prizes Won:
Not applicable.
Published Materials About the Petitioner:
The Petitioner was credited in major fashion publications for her innovative shoe designs, which were pivotal in revitalizing established brands. These articles affirmed her top status in the fashion industry.
Original Contributions of Major Significance:
The Petitioner’s designs were recognized for their significant impact on the fashion industry. Her work was emulated by other designers, and her creations became highly popular, influencing trends and garnering international acclaim.
Participation as a Judge:
Not applicable.
Membership in Associations:
Not applicable.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
The Petitioner was recognized as the lead designer responsible for the success and international visibility of major shoe brands. Her contributions were instrumental in the commercial success and rebranding of these companies.
Artistic Exhibitions or Showcases:
The Petitioner’s designs were featured in notable fashion exhibitions, showcasing her innovative approach and securing her reputation in the field.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Articles in Major Fashion Publications: Articles in top magazines highlighted the Petitioner’s role in the resurgence of shoe brands.
- Letters from Industry Experts: Testimonials from prominent figures in the fashion industry confirmed the Petitioner’s significant influence and achievements.
- Evidence of Employment: Documentation of the Petitioner’s roles and contributions to the success of various shoe brands.
Conclusion
Final Determination: The appeal was sustained, and the Petitioner was granted the classification of an individual of extraordinary ability.
Reasoning: The Petitioner demonstrated a level of expertise and acclaim consistent with being among the top in her field. The documentation provided substantiated her influence, contributions, and the recognition she received in the fashion industry.
Next Steps: The Petitioner can now continue her work in the United States, contributing to the arts through her exceptional shoe designs.
