Date of Decision: December 31, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Field of Expertise: Acting
Petitioner Information
Profession: Actor
Field: Acting
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Lesser Nationally Recognized Prizes or Awards: The Petitioner met this criterion by demonstrating receipt of several acting awards, including the China Actor Award and awards from the China Television Artists Association and the China Drama Art Research Society. These awards are recognized within the Chinese entertainment industry, satisfying the criterion under 8 C.F.R. § 204.5(h)(3)(i).
Published Material: The Petitioner met this criterion by providing evidence of articles about him published in major media, including an interview in People’s Daily following his receipt of a major acting award. This satisfies the criterion under 8 C.F.R. § 204.5(h)(3)(iii).
Authorship of Scholarly Articles: The Petitioner met this criterion by providing evidence of his scholarly article published in a professional publication, satisfying the criterion under 8 C.F.R. § 204.5(h)(3)(vi).
Criteria Not Met:
Display at Artistic Exhibitions or Showcases: The Petitioner claimed this criterion based on the screening of his film at the Film Festival and his live theatrical performances at the Festival in Bangladesh. However, the Director initially found that the evidence submitted did not meet its requirements. The Director should re-evaluate the evidence submitted to determine whether the Petitioner has satisfied the plain language of the criterion under 8 C.F.R. § 204.5(h)(3)(vii).
Key Points from the Decision
Awards and Prizes Won:
The Petitioner demonstrated receipt of several awards within the Chinese entertainment industry, satisfying this criterion.
Published Materials About the Petitioner:
The Petitioner provided sufficient evidence of published material in major media about his acting career, satisfying this criterion.
Original Contributions of Major Significance:
The Petitioner’s contributions were not demonstrated to have major significance in the field of acting.
Participation as a Judge:
The Petitioner participated as a judge in a professional setting, meeting this criterion.
Membership in Associations:
The Petitioner did not establish that his memberships required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
The Petitioner authored a scholarly article, meeting this criterion.
Leading or Critical Role Performed:
The Petitioner did not establish his roles as leading or critical in distinguished organizations.
Artistic Exhibitions or Showcases:
The Petitioner’s work was not initially established as displayed at artistic exhibitions or showcases, but the Director should re-evaluate this evidence.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The Petitioner provided various supporting documents, including letters of recommendation, articles, and evidence of his acting awards. However, these did not collectively establish the required criteria for extraordinary ability.
Conclusion
Final Determination: The decision of the Director is withdrawn and the matter is remanded for further review and entry of a new decision consistent with the analysis provided.
Reasoning: The Petitioner did not demonstrate that he met at least three of the ten initial evidentiary criteria for extraordinary ability. While the Petitioner satisfied the criteria for lesser nationally recognized prizes or awards, published material, and authorship of scholarly articles, the Director’s final merits determination did not sufficiently address the totality of the evidence submitted. The Director must re-evaluate the evidence related to the display at artistic exhibitions or showcases criterion and other supporting documentation.
Next Steps: The Director should analyze the totality of the record to determine if the Petitioner has demonstrated sustained national or international acclaim and if he is among the small percentage at the very top of his field. The Petitioner may submit additional evidence to further support his claim of extraordinary ability.
