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 Beneficiary performed in leading roles for organizations with a distinguished reputation, including positions as a creative design producer and senior designer at recognized companies.
High Salary or Other Significantly High Remuneration: The Beneficiary commanded a high salary in relation to others in the field, as demonstrated by evidence provided by the Petitioner.
Criteria Not Met
Lesser Nationally or Internationally Recognized Prizes or Awards: The evidence provided did not show that the Beneficiary personally received any nationally or internationally recognized awards. The submitted awards were either received by the Beneficiary’s employer or were nominations and honorable mentions, which do not meet the criteria.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: The submitted award materials did not show the Beneficiary’s name, and the Beneficiary’s involvement with award-winning projects did not satisfy the requirement of personal receipt of awards.
Published Materials About the Petitioner:
Summary of findings: No evidence provided.
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 in leading roles for organizations with a distinguished reputation.
Artistic Exhibitions or Showcases:
Summary of findings: No evidence provided.
Evidence of High Salary or Remuneration:
Summary of findings: The Beneficiary commanded a high salary in relation to others in the field.
Commercial Successes in the Performing Arts:
Summary of findings: No evidence provided.
Supporting Documentation
Award Materials: Provided but did not establish that the Beneficiary personally received any nationally or internationally recognized awards.
Letters from Colleagues and Employers: Confirmed the Beneficiary’s role and high salary but did not provide sufficient evidence of personal receipt of awards.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not meet the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria. The record does 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.
