Date of Decision: September 10, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Actor and Model
Field: Arts
Nationality: India
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Lesser Awards: The petitioner was the first runner-up in a beauty pageant in 2004.
- Judging: The petitioner participated as a judge in a national beauty pageant in 2008 and 2016.
Criteria Not Met:
- Major, Internationally Recognized Award: The evidence submitted did not establish that the petitioner received a major, internationally recognized award.
- Published Materials About the Petitioner: Articles provided did not have verifiable sources, dates, or authorship, and their authenticity was questionable.
- Critical Role: Reference letters provided were found to be falsified, undermining claims of the petitioner’s critical role in specific organizations.
Key Points from the Decision
Awards and Prizes Won:
The petitioner provided documentation indicating he received an award in 2004 in Ecuador. However, discrepancies regarding the actual name of the competition and lack of verification from an overseas investigation raised doubts about the authenticity of this award.
Published Materials About the Petitioner:
The petitioner submitted an article allegedly from The Sun, which was found to be altered and inconsistent. The investigating officer could not verify its authenticity.
Original Contributions of Major Significance:
Not applicable.
Participation as a Judge:
The petitioner judged national beauty pageants in 2008 and 2016, meeting the criterion for judging.
Membership in Associations:
Not applicable.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
Reference letters claiming the petitioner’s critical roles were found to be falsified, casting doubt on their authenticity and the petitioner’s eligibility.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Award Certificate (2004): Submitted but authenticity in question.
- Photographs: Provided but could not be verified.
- Reference Letters: Three letters were found to be falsified.
- Articles: Submitted articles lacked verifiable information and were inconsistent.
Conclusion
Final Determination: The appeal is dismissed due to a failure to meet the initial evidentiary criteria and the finding of willful misrepresentation of material facts.
Reasoning: The petitioner did not resolve inconsistencies regarding his achievements and provided falsified documents, leading to a conclusion that his eligibility claims were not credible.
Next Steps: The petitioner may need to consider alternative immigration options or provide new, verifiable evidence to support future petitions.
