Date of Decision: January 22, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Visual Designer
Field: Graphic Design and Multimedia Advertising
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
Leading or Critical Role for Distinguished Organizations: The Director concluded that the Beneficiary met this criterion. The Beneficiary demonstrated participation in leading or critical roles within organizations or establishments that have a distinguished reputation.
High Salary or Remuneration: The Director found that the Beneficiary commanded a high salary or other significantly high remuneration for services, in relation to others in the field.
Criteria Not Met
Lesser Nationally or Internationally Recognized Prizes or Awards: The Petitioner claimed that the Beneficiary received several awards from internationally recognized organizations. However, the evidence provided did not support the claim that the Beneficiary personally received these awards. The awards cited were related to projects or organizations the Beneficiary worked for, not the Beneficiary herself. The documentation did not show the Beneficiary’s name as the recipient of the awards. The awards received were for teams or organizations, and individual contributions were not recognized separately.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: The Beneficiary did not establish that she personally received nationally or internationally recognized awards. The awards cited were for projects or organizations and did not name the Beneficiary as the recipient.
Published Materials About the Petitioner:
Summary of findings: The Petitioner did not provide sufficient evidence to establish that published materials about the Beneficiary were in major trade or professional publications or other major media. The articles provided focused on the organizations or projects rather than the Beneficiary.
Original Contributions of Major Significance:
Summary of findings: No evidence provided.
Participation as a Judge:
Summary of findings: No evidence provided.
Membership in Associations:
Summary of findings: No evidence provided.
Authorship of Scholarly Articles:
Summary of findings: No evidence provided.
Leading or Critical Role Performed:
Summary of findings: The Beneficiary performed leading or critical roles for organizations with a distinguished reputation, satisfying this criterion.
Artistic Exhibitions or Showcases:
Summary of findings: No evidence provided.
Evidence of High Salary or Remuneration:
Summary of findings: The Beneficiary provided sufficient evidence of a high salary relative to others in the field, satisfying this criterion.
Commercial Successes in the Performing Arts:
Summary of findings: No evidence provided.
Supporting Documentation
Award Materials: Provided but did not establish national or international recognition for the individual.
Articles and Publications: Included articles that did not consistently meet the standards for major media coverage or were not primarily about the Beneficiary.
Letters from Colleagues and Organizations: Praised the Beneficiary’s work but lacked sufficient detail to demonstrate major significance or critical roles.
Salary Documentation: Provided and sufficient for establishing high remuneration.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner met two criteria but did not provide sufficient evidence to meet at least three of the ten criteria. The Petitioner did not demonstrate sustained national or international acclaim or that the Beneficiary is among the small percentage at the very top of her field. The totality of the evidence did not support a finding of the required acclaim and recognition for the classification sought.
Next Steps: The Petitioner must provide more substantial and specific evidence to meet the criteria for extraordinary ability classification.
