Date of Decision: February 24, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Actress
Field: Performing Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met
Published Material About the Petitioner: The Petitioner met this criterion based on an article published in La Nacion, an Argentine newspaper, which is considered a major medium in Argentina. The article focused on the Petitioner’s work as an actress.
Criteria Not Met
Lesser Nationally or Internationally Recognized Prizes or Awards: The Petitioner claimed to have received the 2017-18 Award in the category of for her work in with the Theatre Company. However, the award was considered regional in nature, limited to productions within city limits. The evidence did not establish that the award was recognized at the national or international level.
Membership in Associations: The Petitioner was nominated and selected as an ensemble member of a theater company. The membership criteria included previous work with the company and the support of three active ensemble members, requiring 75% of the vote of active members. This evidence did not demonstrate that previous service as an actor was an outstanding achievement or that the active members who nominate and vote on membership are recognized national or international experts.
Leading or Critical Role for Distinguished Organizations: The Petitioner referenced several letters from leaders at theater companies where she performed as an actress, stating she performed leading roles in various productions. However, the letters did not establish that she played a leading role in the overall organization. The roles were limited to specific productions and did not demonstrate a leadership role in the organizations’ overall operations.
Commercial Successes in the Performing Arts: The Petitioner claimed commercial success in two productions. However, the evidence indicated that these were relatively small theater companies, and the Petitioner did not compare the gross receipts to those of other similar productions. The evidence was insufficient to establish commercial success relative to others involved in similar pursuits in the performing arts.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: The Petitioner did not establish that she personally received nationally or internationally recognized awards. The award in question was regional and not recognized at the national or international level.
Published Materials About the Petitioner:
Summary of findings: The Petitioner provided an article from La Nacion, which qualifies as a major media publication. This criterion was met.
Original Contributions of Major Significance:
Summary of findings: The Petitioner did not provide sufficient evidence to demonstrate original contributions of major significance in the field. The letters lacked specific details on how the contributions significantly influenced the field.
Participation as a Judge:
Summary of findings: No evidence provided.
Membership in Associations:
Summary of findings: The Petitioner did not provide sufficient evidence to establish that memberships required outstanding achievements judged by recognized national or international experts.
Authorship of Scholarly Articles:
Summary of findings: No evidence provided.
Leading or Critical Role Performed:
Summary of findings: The Petitioner did not provide sufficient evidence to establish that she performed leading or critical roles for organizations with a distinguished reputation.
Artistic Exhibitions or Showcases:
Summary of findings: No evidence provided.
Evidence of High Salary or Remuneration:
Summary of findings: No evidence provided.
Commercial Successes in the Performing Arts:
Summary of findings: The evidence provided did not establish commercial success relative to others involved in similar pursuits in the performing arts.
Supporting Documentation
Award Materials: Provided but did not establish national or international recognition for the individual.
Articles and Publications: Included an article from La Nacion that qualifies as major media.
Letters from Colleagues and Organizations: Praised the Petitioner’s work but lacked sufficient detail to demonstrate major significance or critical roles.
Salary Documentation: Insufficient for establishing high remuneration.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner met one criterion but did not provide sufficient evidence to meet at least three of the ten criteria. 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 totality of the evidence did not support a finding of the required acclaim and recognition for the classification sought.
Next Steps: The Petitioner must provide more substantial and specific evidence to meet the criteria for extraordinary ability classification.
