Date of Decision: September 19, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Actor
Field: Performing Arts
Nationality: [Not Specified in the Document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Significant Awards: The Petitioner provided documentation of three criteria as specified.
- Published Materials: Articles and reviews published in recognized media about the Petitioner’s work.
- Leading Role: Evidence of a leading or critical role in distinguished organizations.
Criteria Not Met:
- Sustained National or International Acclaim: The documentation did not sufficiently establish that the Petitioner enjoyed sustained national or international acclaim.
- Top of the Field: The evidence failed to demonstrate that the Petitioner is among the very small percentage at the top of the field.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner claimed to have won several awards; however, the provided documentation did not conclusively prove these awards contributed to sustained acclaim.
Published Materials About the Petitioner:
Several articles and reviews were submitted, yet they were not considered substantial enough to establish extraordinary ability.
Original Contributions of Major Significance:
The Petitioner asserted significant contributions to the field of performing arts, but the evidence was insufficient to meet the high bar set for this criterion.
Participation as a Judge:
Documentation showed the Petitioner served as a judge in some events, but this did not adequately establish extraordinary ability.
Membership in Associations:
The Petitioner’s membership in various associations was noted, yet it was not indicative of extraordinary ability without further substantiation.
Authorship of Scholarly Articles:
There were no submissions of scholarly articles authored by the Petitioner.
Leading or Critical Role Performed:
The Petitioner provided evidence of leading roles, but these did not meet the criteria for extraordinary ability.
Artistic Exhibitions or Showcases:
Information about exhibitions or showcases was provided but was not deemed sufficient for the extraordinary ability classification.
Evidence of High Salary or Remuneration:
The Petitioner did not submit evidence related to high salary or significant remuneration compared to others in the field.
Commercial Successes in the Performing Arts:
There was no substantial evidence provided regarding commercial successes in the performing arts.
Supporting Documentation
The documentation included awards, published materials, and evidence of leading roles but did not collectively meet the requirements for demonstrating extraordinary ability.
Conclusion
Final Determination: Denied
Reasoning: The Petitioner failed to establish sustained national or international acclaim and did not demonstrate being at the top of the field of endeavor as required by the criteria.
Next Steps:
The Petitioner may consider gathering more robust evidence to substantiate claims of extraordinary ability and may seek legal advice for any further motions or appeals.
