Date of Decision: NOV. 21, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Actor
Field: Acting
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Published material about the alien in professional or major trade publications or other major media: The Petitioner submitted numerous articles from various sources, mostly reviews of theatrical productions. Not all published material was about the Petitioner, but the submission included some qualifying materials.
- Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought: The Petitioner served as a judge in 2013 and 2014 at a Graduate Acting panel for selecting an ensemble of actors.
- Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases: The Petitioner’s work was screened at film festivals and performed at theater festivals.
Criteria Not Met:
- Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor: The Petitioner did not establish that his awards met the threshold requirement of national or international recognition.
- Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation: The Petitioner’s roles in various productions did not demonstrate leading or critical importance to the organization’s overall activities.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner received a 2017 Broadway World award for a performance, but it was determined that the award did not convey national or international recognition.
Published Materials About the Petitioner:
The Petitioner provided copies of numerous articles, mostly theatrical reviews, some of which qualified under the criterion.
Original Contributions of Major Significance:
The decision did not discuss original contributions as the primary focus was on the criteria listed above.
Participation as a Judge:
The Petitioner served as a judge at a Graduate Acting panel. The significance of this role was considered in the final merits determination.
Membership in Associations:
This criterion was not mentioned or evaluated in the decision.
Authorship of Scholarly Articles:
This criterion was not mentioned or evaluated in the decision.
Leading or Critical Role Performed:
The Petitioner’s roles in productions were not deemed leading or critical to the organizations’ activities.
Artistic Exhibitions or Showcases:
The Petitioner’s work was displayed at film and theater festivals, qualifying under this criterion.
Evidence of High Salary or Remuneration:
This criterion was not mentioned or evaluated in the decision.
Commercial Successes in the Performing Arts:
This criterion was not mentioned or evaluated in the decision.
Supporting Documentation
- Broadway World Award: Evidence provided but not meeting the national or international recognition criteria.
- Articles and Reviews: Numerous articles submitted, some of which qualified.
- Letters of Support: Letters from various professionals supporting the petitioner’s achievements.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The Petitioner did not demonstrate sustained national or international acclaim or show that he is among the small percentage at the top of his field. The petitioner’s evidence was deemed insufficient to meet the high standards required for the EB-1 extraordinary ability classification.
Next Steps:
Recommendations for the Petitioner were not provided in the decision. The Petitioner may need to gather stronger evidence or consider alternative immigration pathways.
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