Date of Decision: September 26, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Actor
Field: Entertainment
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Initial Evidentiary Requirements: The Petitioner satisfied the initial evidentiary requirements but did not demonstrate sustained national or international acclaim or status in the top percentage of her field.
Criteria Not Met:
- Sustained National or International Acclaim: The petitioner did not provide sufficient evidence to demonstrate that she has sustained national or international acclaim.
- Top Percentage of the Field: The petitioner failed to establish that she is among the small percentage at the very top of her field.
Key Points from the Decision
Awards and Prizes Won:
- Summary of findings: The Petitioner did not provide sufficient evidence of awards and prizes to support her claim of extraordinary ability.
Published Materials About the Petitioner:
- Summary of findings: Insufficient evidence was provided to show that the Petitioner has been the subject of published material about her work in the field.
Original Contributions of Major Significance:
- Summary of findings: The Petitioner did not adequately demonstrate that she has made original contributions of major significance in her field.
Participation as a Judge:
- Summary of findings: No sufficient evidence was provided to prove that the Petitioner has participated as a judge of the work of others in the field.
Membership in Associations:
- Summary of findings: The Petitioner failed to establish membership in associations that require outstanding achievements of their members, as judged by recognized experts in the field.
Authorship of Scholarly Articles:
- Summary of findings: The Petitioner did not provide evidence of authorship of scholarly articles in her field.
Leading or Critical Role Performed:
- Summary of findings: There was no adequate documentation showing that the Petitioner has performed in a leading or critical role for organizations or establishments with distinguished reputations.
Artistic Exhibitions or Showcases:
- Summary of findings: The Petitioner did not submit evidence of artistic exhibitions or showcases to substantiate her extraordinary ability.
Evidence of High Salary or Remuneration:
- Summary of findings: No sufficient evidence was provided to prove that the Petitioner has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.
Commercial Successes in the Performing Arts:
- Summary of findings: The Petitioner did not provide evidence of commercial successes in the performing arts to support her claim.
Supporting Documentation
- Mailing Records: Provided to support the claim of timely filing.
- Correspondence: Included to demonstrate the attempt to file within the deadline.
Conclusion
Final Determination: The motion to reopen is dismissed, and the motion to reconsider is also dismissed.
Reasoning:
- The Petitioner did not meet the requirements for a timely and properly executed motion.
- New evidence provided did not demonstrate that the prior decision was incorrect or that the initial motion was timely filed.
Next Steps:
- The Petitioner may consider submitting additional evidence or documentation to support a new petition.
- Consult with an immigration attorney to ensure all procedural requirements are met for future filings.
