Date of Decision: May 2, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Actor
Field: Performing Arts (Theater and Television)
Nationality: Argentinian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Published Materials in Major Media:
The petitioner provided evidence of published materials in professional publications or major media discussing his work. - Display of Work at Artistic Exhibitions or Showcases:
The petitioner demonstrated that his performances were displayed at artistic venues in Argentina, qualifying under this criterion.
Criteria Not Met:
- Judging the Work of Others:
The petitioner claimed he served as a talent advisor for a fashion show, but the evidence did not establish that this role involved judging in the field of acting. - Leading or Critical Roles for Organizations:
The petitioner did not demonstrate that the plays in which he performed qualify as organizations or establishments under the regulatory criterion. - High Salary or Other Significantly High Remuneration:
The petitioner did not provide sufficient evidence of his overall salary or remuneration compared to others in the field. - Commercial Successes in the Performing Arts:
The petitioner did not provide evidence of commercial success attributable to his work, such as box office receipts or sales figures.
Key Points from the Decision
Awards and Prizes Won:
- The petitioner did not provide evidence of major, internationally recognized awards.
Published Materials About the Petitioner:
- The petitioner provided evidence of published articles discussing his work, which the review acknowledged as meeting this criterion.
Original Contributions of Major Significance:
- No specific evidence provided or claimed by the petitioner.
Participation as a Judge:
- The petitioner claimed participation as a judge for a fashion show, but this did not meet the criterion for judging work in the field of acting.
Membership in Associations:
- No specific evidence provided or claimed by the petitioner.
Authorship of Scholarly Articles:
- No specific evidence provided or claimed by the petitioner.
Leading or Critical Role Performed:
- The petitioner did not sufficiently demonstrate his roles in theater productions met the criterion for leading or critical roles within distinguished organizations.
Artistic Exhibitions or Showcases:
- The petitioner met this criterion by providing evidence of his performances being displayed at artistic venues in Argentina.
Evidence of High Salary or Remuneration:
- The evidence provided did not establish a high salary or remuneration compared to others in the field.
Commercial Successes in the Performing Arts:
- The petitioner did not provide sufficient evidence of commercial success attributable to his performances.
Supporting Documentation
- Published Articles:
Several articles discussing the petitioner’s performances were submitted and acknowledged as meeting one of the criteria. - Letters from Show Producers:
Letters indicating the petitioner’s involvement in selecting runway models for a fashion show, but these did not meet the judging criterion. - Contracts and Salary Comparisons:
Contracts for various acting projects and comparative salary data were provided but did not establish a high salary or remuneration. - Press Articles on Performances:
Articles discussing the attendance and viewership of the petitioner’s performances were provided but did not meet the commercial success criterion.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The petitioner did not meet the required initial evidence criteria of at least three out of ten. Despite some recognition in published media and performances at artistic venues, the petitioner did not sufficiently demonstrate evidence of judging, leading or critical roles, high salary, or commercial success.
Next Steps:
The petitioner may consider gathering more comprehensive and relevant evidence that directly addresses the regulatory criteria if pursuing further immigration benefits.
