Date of Decision: NOV 29, 2018
Service Center: Texas 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: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge: The Petitioner participated as a judge for the Durban International Film Festival and the LA Femme Film Festival, meeting the criterion under 8 C.F.R. § 204.5(h)(3)(iv).
Display of Work at Artistic Exhibitions: The Petitioner performed as a lead character in films screened at various prestigious festivals, including the LA Femme Film Festival, Durban International Film Festival, and Cannes Film Festival. Additionally, she displayed her work as a theatre actress in multiple performances in South Africa. This meets the criterion under 8 C.F.R. § 204.5(h)(3)(vii).
Criteria Not Met:
Published Material About the Petitioner: The Petitioner initially submitted eight examples of published material. However, many lacked the date, author, and proper identification of the publication. While she provided some articles, they did not meet the requirements of being from major media or specifically about her work, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(iii).
Key Points from the Decision
Awards and Prizes Won:
Findings: The Petitioner did not submit evidence of receiving a major, internationally recognized award.
Published Materials About the Petitioner:
Findings: The articles provided lacked necessary details such as the date and author, and were not from major media publications. They did not meet the criterion requirements.
Original Contributions of Major Significance:
Findings: Not applicable in this case.
Participation as a Judge:
Findings: The Petitioner judged at recognized film festivals, meeting this criterion.
Membership in Associations:
Findings: Not applicable in this case.
Authorship of Scholarly Articles:
Findings: Not applicable in this case.
Leading or Critical Role Performed:
Findings: The Petitioner did not provide sufficient evidence to show that she performed in a leading or critical role for distinguished organizations in a way that would meet the required level of acclaim.
Artistic Exhibitions or Showcases:
Findings: The Petitioner performed at recognized international film festivals and in theatrical productions in South Africa, meeting this criterion.
Evidence of High Salary or Remuneration:
Findings: Not applicable in this case.
Commercial Successes in the Performing Arts:
Findings: Not applicable in this case.
Supporting Documentation
Articles and Reviews: Various articles and reviews about the Petitioner’s performances and contributions in the performing arts.
Recommendation Letters: Letters from colleagues and experts supporting the significance and impact of the Petitioner’s contributions to the field of acting.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The Petitioner did not meet the required initial evidence of either a one-time major achievement or at least three of the ten criteria for extraordinary ability. The evidence presented did not establish the Petitioner’s sustained national or international acclaim or that she is among the small percentage who have risen to the very top of her field.
Next Steps:
The Petitioner may consider gathering more robust evidence of her contributions’ significance and potentially reapplying if additional substantial evidence can be presented. Consulting with an immigration attorney for further guidance and preparation may also be beneficial.
