EB-1 Extraordinary Ability USCIS Appeal Review – Wedding Photographer – SEP152022_01B2203

Date of Decision: September 15, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability

Petitioner Information

• Profession: Wedding Photographer
• Field: Photography
• Nationality: South African

Summary of Decision

• Initial Decision: Denied
• Appeal Outcome: Dismissed

Evidentiary Criteria Analysis

Criteria Met:

1. Participation as a Judge:

• The petitioner demonstrated his role as a judge in the work of others within his field.

1. Artistic Exhibitions or Showcases:

• Evidence was provided showing the petitioner’s work displayed in artistic exhibitions.

Criteria Not Met:

1. Lesser nationally or internationally recognized prizes or awards:

• The petitioner presented awards, but failed to prove the national or international significance of these awards beyond the awarding entities.

1. Membership in associations that require outstanding achievements:

• The petitioner claimed membership in the International Society of Professional Wedding Photographers (ISPWP) but could not establish that this association requires outstanding achievements judged by recognized national or international experts.

1. Published material about the individual in professional or major media:

• The provided materials were promotional and not substantial discussions about the petitioner’s work.

1. Leading or critical role for distinguished organizations:

• The petitioner could not demonstrate a critical role with significant impact on the outcomes of distinguished organizations.

1. High remuneration for services:

• The petitioner did not provide adequate evidence of a high salary or significantly high remuneration in relation to others in the field.

Key Points from the Decision

Awards and Prizes Won:

• Summary of findings: The petitioner’s most significant award was the 2017 Wedding Photographer of the Year Award from a photography competition in Africa. However, the significance of this award was not established beyond the awarding body.
• Key quotes or references: “The Petitioner has not submitted sufficient evidence to establish national or international recognition of the awards outside the awarding entities.”

Published Materials About the Petitioner:

• Summary of findings: The materials provided were promotional in nature and did not constitute substantial published material about the petitioner.
• Key quotes or references: “The inclusion of the Petitioner’s photographs in published materials about individual weddings does not make those materials about the Petitioner.”

Original Contributions of Major Significance: Not applicable

Participation as a Judge:

• Summary of findings: The petitioner successfully demonstrated participation as a judge in the field of photography.
• Key quotes or references: “The Director concluded that the Petitioner met the criterion pertaining to judging the work of others.”

Membership in Associations:

• Summary of findings: The petitioner’s membership in ISPWP did not meet the required standard for outstanding achievements judged by experts.
• Key quotes or references: “The Petitioner has not shown the ISPWP’s membership requirements rise to the level of outstanding achievements as contemplated by 8 C.F.R. § 204.5(h)(3)(ii).”

Authorship of Scholarly Articles: Not applicable

Leading or Critical Role Performed:

• Summary of findings: The petitioner did not establish significant impact in a leading or critical role for distinguished organizations.
• Key quotes or references: “The record does not establish how and why those clients chose the companies, and therefore does not satisfy the Petitioner’s burden of proof to establish this element.”

Artistic Exhibitions or Showcases:

• Summary of findings: The petitioner demonstrated his work displayed in artistic exhibitions, fulfilling this criterion.
• Key quotes or references: “The Director concluded that the Petitioner met the criterion pertaining to the display of his work.”

Evidence of High Salary or Remuneration:

• Summary of findings: The petitioner failed to document his actual salary sufficiently to compare to others in the field.
• Key quotes or references: “The Petitioner has not provided a suitable basis for comparison.”

Commercial Successes in the Performing Arts: Not applicable

Supporting Documentation

1. Wedding Photographer of the Year Award: Detailed description and context of the award.
2. Membership in ISPWP: Information about the association’s membership requirements and petitioner’s qualifications.
3. Published Works: Screenshots and transcripts from various media sources and promotional materials.
4. Judging Participation: Documentation of roles and contributions in judging photographic works.
5. Artistic Exhibitions: Evidence of exhibitions and showcases featuring the petitioner’s work.
6. Salary Information: Invoices and promotional materials indicating billed rates.

Conclusion

• Final Determination: The appeal was dismissed.
• Reasoning: The petitioner did not satisfy at least three of the regulatory criteria for extraordinary ability, nor did the totality of the evidence support a conclusion of sustained national or international acclaim.
• Next Steps: Petitioners in similar situations should focus on gathering robust evidence that meets the specific regulatory criteria, ensuring national or international recognition of their awards and contributions.

Download the Full Petition Review Here