Date of Decision: August 1, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Actor
Field: Entertainment
Nationality: [Nationality not specified in provided text]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None. The petitioner did not satisfy any of the ten initial evidentiary criteria required to demonstrate extraordinary ability.
Criteria Not Met:
- Awards and Prizes: The petitioner did not submit evidence of a major, internationally recognized award.
- Published Materials: There was no evidence provided of published materials about the petitioner in major trade publications or other major media.
- Original Contributions of Major Significance: The petitioner did not demonstrate original contributions of major significance in their field.
- Participation as a Judge: There was no evidence of the petitioner serving as a judge of the work of others in the same or an allied field.
- Membership in Associations: The petitioner did not meet the criterion for membership in associations that require outstanding achievements.
- Authorship of Scholarly Articles: There was no evidence of authorship of scholarly articles in the field.
- Leading or Critical Role: The petitioner did not demonstrate playing a leading or critical role in distinguished organizations.
- Artistic Exhibitions or Showcases: There was no evidence of participation in artistic exhibitions or showcases.
- Evidence of High Salary or Remuneration: The petitioner did not submit evidence of a high salary or remuneration in relation to others in the field.
- Commercial Successes in the Performing Arts: There was no evidence of commercial successes in the performing arts.
Key Points from the Decision
Awards and Prizes Won:
Not applicable.
Published Materials About the Petitioner:
No evidence of published materials was provided.
Original Contributions of Major Significance:
Not applicable.
Participation as a Judge:
Not applicable.
Membership in Associations:
The petitioner did not provide sufficient evidence of membership in associations that require outstanding achievements.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
Not applicable.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Brief Submitted on Appeal: The petitioner submitted a brief addressing only the satisfaction of eight categories of evidence, but failed to address the issue of intent to continue work in the United States.
- Request for Evidence (RFE): The Director requested evidence relating to the petitioner’s intent to continue work in the United States, which was not provided.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not demonstrate his intent to continue work in his area of expertise in the United States. Additionally, the petitioner did not meet any of the ten initial evidentiary criteria required for the EB1 classification.
Next Steps: The petitioner should gather more substantial evidence to meet the specific criteria required for the EB1 classification and ensure to provide clear evidence of intent to continue work in the United States.
