Date of Decision: September 22, 2021
Service Center: Texas 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: Approved
Evidentiary Criteria Analysis
Criteria Met:
Lesser nationally or internationally recognized prizes or awards:
The Petitioner won a National Film Award for Best Supporting Actress in the film “G” in 2000. The Director acknowledged this award but considered it of diminished weight due to its age and category. However, it was accepted as a qualifying criterion.
Participation as a judge of the work of others:
Petitioner served as a judge on a talent competition show called “S”. The role was highlighted as an esteemed cultural position.
Display at artistic exhibitions or showcases:
The Petitioner has been a consistent performer with the “T” acting company since 1992, participating in numerous productions.
Criteria Not Met:
Published material about the individual in professional or major media:
Although several newspaper articles about the Petitioner were submitted, many lacked the author credit required by regulations, reducing their evidentiary weight.
Leading or critical role for distinguished organizations or establishments:
The Petitioner claimed to have a leading role in “T” acting company and on various television networks. While supported by some letters, the weight of this evidence was deemed limited.
Commercial success in the performing arts:
Claims about commercial success, such as high viewership of TV programs and sold-out theatre performances, were not corroborated with concrete evidence like box office figures or ratings.
Key Points from the Decision
Awards and Prizes Won
The Petitioner’s National Film Award for Best Supporting Actress was considered but not heavily weighted due to the passage of time and the nature of the award (supporting rather than lead actress). Despite this, it was one of the three criteria met, sufficient for the final merits determination.
Published Materials About the Petitioner
Several articles in “Daily Star” and other newspapers were submitted, but many lacked proper author credits, limiting their evidentiary value. Nevertheless, the articles collectively supported the Petitioner’s sustained national recognition.
Original Contributions of Major Significance
Not specifically highlighted or accepted as a criterion in this case.
Participation as a Judge
The Petitioner served as a judge on the talent competition show “S”, which was recognized as a significant cultural role, fulfilling this criterion.
Membership in Associations
Not specifically highlighted or accepted as a criterion in this case.
Authorship of Scholarly Articles
Not specifically highlighted or accepted as a criterion in this case.
Leading or Critical Role Performed
The Petitioner’s roles in the “T” acting company and on television were considered, but the support letters had limited weight without independent corroboration.
Artistic Exhibitions or Showcases
The Petitioner’s extensive work with the “T” acting company since 1992, appearing in numerous productions, met this criterion.
Evidence of High Salary or Remuneration
Not specifically highlighted or accepted as a criterion in this case.
Commercial Successes in the Performing Arts
While there were claims of high viewership and sold-out performances, they were not sufficiently documented to meet this criterion.
Supporting Documentation
National Film Award for Best Supporting Actress (2000)
Articles from “Daily Star” and other newspapers
Letters of support from high-ranking individuals in the acting and television industry
Documentation of the Petitioner’s role as a judge on the talent competition show “S”
Evidence of sustained performance with the “T” acting company
Conclusion
Final Determination: The appeal is sustained, and the Petitioner is granted EB1 classification.
Reasoning: The evidence, on balance, demonstrates the Petitioner’s sustained national acclaim and recognition in the field of performing arts.
Next Steps: The Petitioner is now authorized to work in the United States and can proceed with related immigration processes.
This decision underscores the importance of comprehensive and well-documented evidence in proving extraordinary ability and sustained acclaim in the applicant’s field.
