Date of Decision: February 28, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Actor
Field: Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published Materials: The petitioner provided an article from a recognized publication discussing his acting career, meeting the criterion under 8 C.F.R. § 204.5(h)(3)(iii).
Awards: The petitioner received the 2011 Film Award for his role in a movie, which is nationally recognized for excellence in Nepal, meeting the criterion under 8 C.F.R. § 204.5(h)(3)(i).
Artistic Exhibitions: The petitioner’s movies have premiered at artistic exhibitions, such as in Australia, meeting the criterion under 8 C.F.R. § 204.5(h)(3)(vii).
Criteria Not Met:
Membership in Associations: The petitioner did not provide documentation to show that his memberships required outstanding achievements judged by recognized national or international experts, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(ii).
Original Contributions of Major Significance: The petitioner did not provide sufficient evidence to demonstrate original contributions of major significance in the field, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(v).
Judging the Work of Others: Although the petitioner served as a judge in several contests, he did not provide evidence that sets him apart from others in his field or that he judged professional and renowned actors, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(iv).
Key Points from the Decision
Awards and Prizes Won:
The petitioner received the 2011 Film Award for excellence in acting, which is nationally recognized in Nepal.
Published Materials About the Petitioner:
The petitioner provided an article discussing his acting career, which met the regulatory requirements for published materials.
Original Contributions of Major Significance:
The petitioner did not provide sufficient evidence to demonstrate original contributions of major significance in the field of acting.
Participation as a Judge:
The petitioner served as a judge in several contests but did not provide sufficient evidence to demonstrate that this experience is indicative of the extraordinary ability required for this classification.
Membership in Associations:
The petitioner did not provide sufficient evidence to show that his memberships in associations required outstanding achievements judged by recognized national or international experts.
Authorship of Scholarly Articles:
Not applicable in this case.
Leading or Critical Role Performed:
The petitioner did not demonstrate that he performed in a leading or critical role for organizations with a distinguished reputation.
Artistic Exhibitions or Showcases:
The petitioner’s movies have premiered at artistic exhibitions, meeting this criterion.
Evidence of High Salary or Remuneration:
Not applicable in this case.
Commercial Successes in the Performing Arts:
The petitioner did not provide sufficient evidence to demonstrate commercial success in the performing arts.
Supporting Documentation
- Certificates and Awards: Various certificates and awards related to his role as an actor.
- Articles and Publications: An article from a recognized publication discussing his acting career.
- Letters of Support: Letters confirming his role as a judge in several contests, but lacking specific details about membership requirements.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the required criteria for EB-1 classification. Despite notable achievements, the petitioner did not establish the level of extraordinary ability required. The evidence provided did not demonstrate that his awards were nationally or internationally recognized, or that his memberships required outstanding achievements judged by recognized experts.
Next Steps: The petitioner should consider reapplying with additional evidence or exploring other visa categories that may better suit his qualifications and achievements.
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