Date of Decision: October 24, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Actor, Comedian and Artist
Field: Performing Arts
Nationality: Colombia
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Published Materials in Professional Publications or Major Media:
The petitioner demonstrated that he has been the subject of published material in professional publications or major media.
Participation in the Judge of Work of Others:
The petitioner has shown evidence of judging the work of others in his field of specialization.
Artistic Exhibition:
The petitioner provided documentation of his work being displayed at artistic exhibitions or showcases.
Criteria Not Met:
Membership in Associations:
The petitioner did not establish membership in associations that require outstanding achievements of their members.
Original Contributions of Major Significance:
The petitioner did not sufficiently demonstrate original contributions of major significance in his field.
High Salary:
The petitioner did not provide adequate evidence of receiving a high salary or other significantly high remuneration in relation to others in his field.
Commercial Success:
The petitioner did not show commercial success in the performing arts.
Key Points from the Decision
Awards and Prizes Won: The decision document did not specify any awards or prizes won by the petitioner.
Published Materials About the Petitioner: The decision recognized that the petitioner met the criterion for published materials in professional publications or major media. This includes articles and features in prominent Colombian media discussing his work and impact in the field of performing arts.
Original Contributions of Major Significance: The petitioner did not sufficiently demonstrate original contributions of major significance in his field, according to the initial decision. However, the appeal highlighted that the Director did not fully consider all submitted evidence, including expert opinion letters and detailed accounts of his contributions.
Participation as a Judge: The petitioner provided evidence of his participation as a judge of the work of others in his field, which was acknowledged as meeting the required criterion.
Membership in Associations: The petitioner claimed membership in associations requiring outstanding achievements, but this was not accepted by the Director due to lack of sufficient evidence.
Authorship of Scholarly Articles: The petitioner did not submit evidence for authorship of scholarly articles.
Leading or Critical Role Performed: No evidence was provided to support a leading or critical role in distinguished organizations.
Artistic Exhibitions or Showcases: The petitioner provided evidence of his artistic exhibitions or showcases, which was accepted.
Evidence of High Salary or Remuneration: The petitioner did not provide sufficient evidence to meet the criterion for high salary or remuneration.
Commercial Successes in the Performing Arts: The petitioner did not demonstrate commercial success in the performing arts to the satisfaction of the Director.
Supporting Documentation
- Expert Opinion Letters: Letters from actors, producers, and directors in Colombia supporting the petitioner’s standing in the field and his original theatrical contributions.
- Published Articles: Articles and features in major Colombian media.
- Judging Evidence: Documentation of his role in judging the work of others in his field.
- Artistic Display Evidence: Proof of his work being displayed in artistic exhibitions or showcases.
Conclusion
Final Determination: Remanded for further review
Reasoning: The Director’s final merits analysis did not consider the totality of the material provided, failing to address all the evidence supporting the petitioner’s claim. The decision lacked a detailed discussion of the petitioner’s sustained national or international acclaim and his standing at the top of his field.
Next Steps: The matter is remanded for a new decision that includes an analysis of the totality of the record, including the additional evidence provided on appeal.
