Date of Decision: FEB. 16, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Actor
Field: Performing Arts
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met
Published material about the alien in professional or major trade publications or other major media:
The Petitioner submitted copies of several articles published in Nepali media discussing or mentioning her work. Notably, an interview in the Nepali Times (2013 edition) and a review in the Kathmandu Post (2014 edition) were considered to be about the Petitioner and recognized as major media in Nepal.
Participation as a judge of the work of others in the same or an allied field:
The Petitioner provided letters from organizers of two theater festivals: the Theater Festival and the Theater Festival, confirming her role as a judge in 2010 and 2012.
Evidence of the display of the alien’s work at artistic exhibitions or showcases:
Evidence was provided that films directed or produced by the Petitioner were shown at film festivals, such as the 2020 Film Festival and the 2016 Film Festival.
Criteria Not Met
Major, internationally recognized award:
The Petitioner did not submit evidence of a major, internationally recognized award.
Evidence of commercial successes in the performing arts:
The Petitioner claimed commercial success based on mentions in articles, but the record lacked concrete evidence such as ticket sales or income details.
Key Points from the Decision
Awards and Prizes Won
The Petitioner submitted evidence of an award received at the 2010 annual One Act Play Drama/Dance/Music and Instrumental Competition. However, this award was not recognized as prestigious in the field of acting at a national or international level.
Published Materials About the Petitioner
Articles in Nepali publications confirmed the Petitioner’s performances and roles in several theater and film productions. However, these did not establish sustained acclaim or significant recognition at the national or international level.
Original Contributions of Major Significance
The Petitioner did not provide sufficient evidence to establish that her contributions in theater and film were of major significance.
Participation as a Judge
The Petitioner participated as a judge in two theater festivals. However, the festivals did not receive major media coverage, and her role did not elevate her status in the field.
Membership in Associations
The Petitioner’s membership in a theater group was mentioned, but there was insufficient evidence to show that her activities led to significant recognition or acclaim.
Authorship of Scholarly Articles
The Petitioner did not submit evidence of authorship of scholarly articles.
Leading or Critical Role Performed
The Petitioner played leading roles in her theater group, but there was no documentary evidence showing significant recognition or acclaim for these roles.
Artistic Exhibitions or Showcases
The Petitioner’s work was displayed at film festivals, but there was no evidence of widespread media attention or recognition as prestigious.
Evidence of High Salary or Remuneration
Claims of high salary were not supported by concrete evidence such as salary figures or comparison with other actors.
Commercial Successes in the Performing Arts
The Petitioner’s claims of commercial success were not substantiated by reliable sources or detailed evidence.
Supporting Documentation
- Articles in Nepali Media: Provided articles mentioning the Petitioner’s work, including an interview in Nepali Times and a review in Kathmandu Post.
- Letters from Theater Festival Organizers: Confirmed the Petitioner’s role as a judge in 2010 and 2012.
- Film Festival Evidence: Documentation of films directed or produced by the Petitioner being shown at the 2020 Film Festival and the 2016 Film Festival.
Conclusion
Final Determination: Appeal Dismissed
Reasoning: The Petitioner did not demonstrate sustained national or international acclaim or that she is among the small percentage at the top of her field. The evidence submitted was insufficient to meet the criteria for extraordinary ability.
Next Steps: The Petitioner may consider gathering more substantial evidence of her acclaim and reapplying or exploring other visa options.
