EB-1 Extraordinary Ability USCIS Appeal Review – Actress – China – JUN012022_01B2203

Date of Decision: June 1, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability


Petitioner Information

Profession: Actress
Field: Chinese Film and Television Industry
Nationality: Chinese


Summary of Decision

Initial Decision: Denied
Appeal Outcome: Dismissed


Evidentiary Criteria Analysis

Criteria Met:

Lesser nationally recognized awards:

  • The petitioner received several awards from national performing arts entities in China, including the Television Drama Actress award and the TV Actress award at the China TV Art Festival.

Published materials in major media:

  • The petitioner submitted evidence of media coverage in major Chinese publications.

Commercial success:

  • The petitioner appeared in a commercially successful 2018 Chinese film.

Criteria Not Met:

Sustained national or international acclaim:

  • The evidence did not demonstrate sustained national or international acclaim, nor that the petitioner remains at the very top of her field.

Key Points from the Decision

Awards and Prizes Won

  • The petitioner received five acting awards from national performing arts entities in China, including awards for Television Drama Actress and TV Actress.
  • These awards garnered some national acclaim but were mostly received over ten years ago, and the petitioner has not demonstrated sustained acclaim.

Published Materials About the Petitioner

  • While there was ample media coverage within China, there was insufficient evidence of major media coverage outside of China and internationally.
  • Many submitted articles were not supported by independent evidence to establish that the publications qualified as major media.

Original Contributions of Major Significance

  • The petitioner did not provide sufficient evidence demonstrating her achievements as reflective of a “career of acclaimed work in the field.”

Participation as a Judge

  • The petitioner served as a juror for the Youth Film Festival in 2017 but did not establish that this role reflects the required sustained national or international acclaim.

Commercial Successes in the Performing Arts

  • The petitioner provided evidence of the commercial success of a 2018 Chinese film, but did not show that this success sets her apart from other actors in her field.

Supporting Documentation

  • Awards: Evidence of acting awards from national entities.
  • Media Coverage: Articles and publications from Chinese media outlets.
  • Commercial Success: Box office ratings of a 2018 Chinese film.
  • Judging Experience: Participation as a juror for the Youth Film Festival in 2017.

Conclusion

Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not demonstrate sustained national or international acclaim or that she is among the small percentage at the very top of her field. The evidence submitted was not sufficient to establish eligibility for the highly restrictive visa classification sought.
Next Steps: The petitioner may consider submitting additional evidence or reapplying if new evidence becomes available.


Download the Full Petition Review Here


Cite as Matter of G-M-, ID# 20605387
Document: JUN012022_01B2203

Izu Okafor
Izu Okafor

Izu Okafor is a filmmaker, project manager, and video editor with a rich background in the film industry. He has refined his craft under the mentorship of industry giants like AMAA VFx Winner Stephen Onaji Onche and AMVCA-winning producer Chris Odeh. Izu is one of 60 participants in the prestigious British Council Film Lab Africa Accelerator Program. His experience spans roles at Sixar Studio, Sozo Films, and Hanuluo Studios, with work on projects like "Wahala" and "Chiugo." He recently produced his debut feature, "Dinobi," which has garnered international festival recognition. Beyond filmmaking, Izu is dedicated to social entrepreneurship and youth empowerment, mentoring future leaders through Uncommon Me International.

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