Date of Decision: NOV. 21, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Actor
Field: Film and Television
Nationality: Israeli
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- None: The petitioner did not meet any of the evidentiary criteria as determined by the Director.
Criteria Not Met:
- Published Material About the Petitioner: The petitioner submitted various materials including blogs, social media posts, and website references. However, these did not qualify as professional or major trade publications. The materials also did not specifically highlight the petitioner’s achievements in a manner required by USCIS standards.
- Original Contributions of Major Significance: The petitioner presented letters of recommendation and highlighted her acting roles. While these letters praised her skills and talents, they did not demonstrate that her contributions had a significant impact on the field.
- Display of Work in Artistic Exhibitions or Showcases: Evidence provided was insufficient to establish that her films were officially screened at the mentioned festivals, due to missing or incomplete documentation.
- Leading or Critical Role: The petitioner did not provide sufficient evidence that her roles were critical to distinguished organizations. The letters of recommendation did not adequately explain the petitioner’s contributions to the success of these organizations.
- High Salary or Remuneration: The petitioner failed to provide sufficient evidence of her earnings or comparative salary data to establish that she commanded a high salary relative to others in her field.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not provide evidence of major, internationally recognized awards. The decision notes that without such awards, she must meet at least three other criteria, which she did not.
Published Materials About the Petitioner:
The provided materials did not meet the standards of major media coverage. They were primarily from blogs and social media, which do not qualify as professional or major trade publications.
Original Contributions of Major Significance:
The recommendation letters praised the petitioner’s abilities but lacked detailed evidence of her significant impact on the field.
Participation as a Judge:
Not applicable, as no evidence was provided for this criterion.
Membership in Associations:
Not applicable, as no evidence was provided for this criterion.
Authorship of Scholarly Articles:
Not applicable, as no evidence was provided for this criterion.
Leading or Critical Role Performed:
While the petitioner had lead roles in various projects, the evidence did not demonstrate that these roles were critical to distinguished organizations.
Artistic Exhibitions or Showcases:
The petitioner provided insufficient evidence of her work being displayed at recognized artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
The petitioner did not submit adequate proof of her earnings or comparative salary data.
Commercial Successes in the Performing Arts:
Not applicable, as no evidence was provided for this criterion.
Supporting Documentation
- Blogs and Social Media Posts: Included mentions of the petitioner’s roles but did not qualify as professional or major trade publications.
- Letters of Recommendation: Praised the petitioner’s acting abilities but did not provide evidence of major contributions or critical roles.
- Festival Screenings: Incomplete evidence regarding the screening of films at festivals.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not meet the initial evidence requirements or demonstrate sustained national or international acclaim. The provided evidence did not support a finding that the petitioner is among the small percentage at the very top of her field.
Next Steps: The petitioner may consider gathering more comprehensive and relevant evidence to support future petitions, ensuring all documentation meets USCIS standards for the EB-1 category.
