EB-1 Extraordinary Ability USCIS Appeal Review – Actress – OCT032019_01B2203

Date of Decision: OCT. 3, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability

Petitioner Information

Profession: Actress
Field: Arts
Nationality: Unknown

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Remanded

Evidentiary Criteria Analysis

Criteria Met

Membership:
The Petitioner is a member of an artists’ union, which requires outstanding achievements as determined by its experts.

Judging:
The Petitioner served as a judge in beauty and talent competitions, evidenced by correspondence confirming her participation.

Criteria Not Met

Original Contribution:
The Director did not address the Petitioner’s claim under the criterion for original contribution. This requires further analysis upon remand.

Published Material:
The Director concluded the Petitioner did not meet the criterion for published material. However, upon review, it was found that at least one article on ambebi.ge was about the Petitioner, discussing her acting roles. This requires additional evaluation by the Director.

Key Points from the Decision

Published Materials About the Petitioner

  • Summary of findings: The Petitioner provided articles, including one on ambebi.ge, which profiles her and discusses her acting roles.
  • Key quotes or references: The article was initially overlooked by the Director, warranting further review.

Original Contributions of Major Significance

  • Summary of findings: The Petitioner’s evidence for original contributions was not addressed in the initial decision.
  • Key quotes or references: The matter is remanded for analysis under the criterion for original contributions.

Supporting Documentation

  • Artists’ Union Membership Confirmation: Documentation proving membership in a prestigious artists’ union.
  • Judging Participation Confirmation: Correspondence and evidence of participation as a judge in various competitions.
  • Published Articles: Articles and comparative evidence about their reach and relevance.

Conclusion

Final Determination: The decision of the Director is withdrawn and the case is remanded for further action.
Reasoning: The Director needs to analyze the evidence for original contributions and reassess the published material criterion.
Next Steps: The Director will review the additional evidence and make a new decision based on the comprehensive evaluation of all criteria.

Download the Full Petition Review Here

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