Date of Decision: January 8, 2025
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Actress
Field: Arts (Theatre and Film Acting)
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met
- None
Criteria Not Met
- Lesser Nationally or Internationally Recognized Prizes or Awards (8 C.F.R. § 204.5(h)(3)(i)): The petitioner cited awards such as a diploma for Best Performance, a Grand Prix Award for vocal performance, a Unity and Friendship Badge, and a certificate of honor. The AAO found these either unrelated to acting, received after the petition filing date, or lacking evidence of national or international recognition.
- Membership in Associations (8 C.F.R. § 204.5(h)(3)(ii)): The petitioner referenced membership in the Union of Theater Workers of Kazakhstan. The AAO determined that membership required only basic qualifications and work experience, not outstanding achievements judged by recognized experts.
- Published Material About the Petitioner (8 C.F.R. § 204.5(h)(3)(iii)): Articles submitted, including interviews in Alash Ainasy and Kazakh Literature, were not adequately shown to be professional or major trade publications or other major media. Circulation claims were unsupported with objective evidence.
- Original Contributions of Major Significance (8 C.F.R. § 204.5(h)(3)(v)): Letters of recommendation praised the petitioner’s talent, versatility, and cultural influence, but did not demonstrate that her work had major significance in the field. The evidence lacked detail on how her contributions were original or transformative within acting.
- High Salary or Other Significantly High Remuneration (8 C.F.R. § 204.5(h)(3)(ix)): The petitioner submitted salary certificates from 2020 to 2023, but did not provide comparative data to show her remuneration was high relative to peers in Kazakhstan. Without independent benchmarking, this criterion was not met.
- Other Claimed Criteria (8 C.F.R. §§ 204.5(h)(3)(vii), (viii)): Not analyzed further, as even if satisfied, the petitioner still failed to demonstrate three criteria.
Key Points from the Decision
- Awards Insufficient: Claimed recognitions were either unrelated to acting, post-dated the filing, or lacked evidence of national/international recognition.
- Association Membership Too General: Membership requirements did not show the rigorous standards of achievement demanded by regulations.
- Media Coverage Unproven: Publications were not objectively shown to be major media outlets.
- Generalized Support Letters: Praise from colleagues lacked the specificity needed to prove original contributions of major significance.
- Salary Evidence Inadequate: No comparative data provided to show high earnings relative to peers.
- Threshold Not Reached: With no criteria sufficiently proven, the petitioner failed the minimum requirement of three criteria.
Final Merits Determination
The AAO dismissed the appeal, concluding that the petitioner did not establish eligibility under at least three of the regulatory criteria. Without meeting this threshold, the petition could not advance to a final merits determination.
Supporting Documentation
- Awards Evidence: Diplomas, festival awards, badges, and certificates, none proven nationally/internationally significant.
- Membership Evidence: Union of Theater Workers of Kazakhstan membership, lacking proof of outstanding achievement standards.
- Published Material Evidence: Articles and interviews without verification of professional/major media status.
- Contribution Evidence: Recommendation letters emphasizing talent but lacking detail on major significance.
- Salary Evidence: Certificates showing income but no comparative benchmarking.
Conclusion
Final Determination: Appeal dismissed.
Reasoning: The petitioner failed to demonstrate evidence meeting at least three of the required criteria. While achievements as an actress were recognized locally, the record did not establish the national or international acclaim necessary for EB-1 classification.
