Date of Decision: NOV. 5, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Actress
Field: Acting
Nationality: Bulgarian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Artistic Exhibitions or Showcases:
The petitioner performed as an actress in various theatrical settings.
Criteria Not Met:
Lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor:
The petitioner did not establish that her awards, such as the 2008 Rising Star award, are nationally or internationally recognized.
Published material about the alien in professional or major trade publications or other major media:
The submitted article from Bulgaria ON AIR did not meet the regulatory requirements, lacking author identification and evidence of the publication’s status as a major media outlet.
Participation as a judge of the work of others in the same or an allied field:
The petitioner did not provide evidence of actual participation as a judge.
Original contributions of major significance in the field:
The petitioner did not demonstrate that her work has had a significant impact on the field.
Leading or critical role for organizations or establishments with a distinguished reputation:
The petitioner did not provide sufficient evidence regarding the reputation of the organizations or the significance of her roles.
High salary or other significantly high remuneration for services:
The petitioner did not substantiate claims of high salary with reliable evidence such as tax returns or paychecks.
Key Points from the Decision
Awards and Prizes Won:
The petitioner received the 2008 Rising Star award, but it did not qualify as a major, internationally recognized award. No additional significant awards were documented.
Published Materials About the Petitioner:
An article from Bulgaria ON AIR was submitted but did not meet the necessary criteria for recognition as professional or major trade publication material.
Original Contributions of Major Significance:
The petitioner did not provide sufficient evidence of contributions that have had a major impact on the field of acting.
Participation as a Judge:
The petitioner claimed to have judged work for the I Television Nominating Committee, but no evidence of actual participation was provided.
Membership in Associations:
No claims or evidence were presented regarding membership in associations.
Authorship of Scholarly Articles:
No claims or evidence were presented regarding authorship of scholarly articles.
Leading or Critical Role Performed:
The petitioner did not provide sufficient evidence regarding her roles and the reputation of the organizations.
Artistic Exhibitions or Showcases:
The petitioner successfully demonstrated participation in theatrical performances.
Evidence of High Salary or Remuneration:
The petitioner did not provide reliable evidence to support claims of a high salary relative to others in her field.
Commercial Successes in the Performing Arts:
No claims or evidence were presented regarding commercial successes.
Supporting Documentation
- 2008 Rising Star Award Certificate and Photo: Insufficient evidence to establish as a major, internationally recognized award.
- Emails from I Television Nominating Committee: No evidence of actual participation.
- Article from Bulgaria ON AIR: Lacking author identification and status verification of the publication.
Conclusion
Final Determination: The appeal is dismissed. The petitioner did not meet the initial evidence requirements or demonstrate sustained national or international acclaim.
Reasoning: The petitioner failed to establish that she met the necessary criteria for the EB1 Extraordinary Ability classification. The provided evidence did not sufficiently demonstrate her recognition at the top of her field.
Next Steps: The petitioner may consider gathering more robust evidence of her achievements and contributions, focusing on recognized awards, major media coverage, and documented impacts on her field, before reapplying.
