Date of Decision: June 9, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Art Director
Field: Commercial Advertising, Film, and Television Industries
Nationality: Venezuelan
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Published Material About the Petitioner: The Director determined that the Petitioner submitted evidence that satisfies this criterion, demonstrating that the beneficiary has been the subject of published material.
Criteria Not Met:
Membership in Associations: The evidence did not sufficiently prove that the associations the beneficiary is a member of require outstanding achievements.
Original Contributions of Major Significance: The Director did not adequately address the evidence provided, but it was determined insufficient.
Leading or Critical Roles: The evidence did not establish that the beneficiary performed in a leading or critical role for organizations with distinguished reputations.
High Salary or Other Remuneration: The Director did not address the specific evidence submitted regarding the beneficiary’s high salary or other significant remuneration.
Commercial Success in the Performing Arts: The evidence did not demonstrate the commercial success necessary to meet this criterion.
Additional Criteria Submitted on Appeal:
Awards and Prizes: Evidence of the beneficiary’s receipt of several awards was submitted but not considered by the Director.
Participation as a Judge: The beneficiary’s role as a judge in relevant competitions was documented but not acknowledged by the Director.
Artistic Exhibitions or Showcases: Evidence of the beneficiary’s work being displayed at artistic exhibitions was submitted and needs to be reviewed on remand.
Key Points from the Decision
Awards and Prizes Won:
The petitioner submitted evidence of the beneficiary receiving several awards in the field, including a 2018 award for a specific film and additional awards from the Venezuelan Commission for Education and Culture and other international film festivals.
Published Materials About the Petitioner:
Evidence was provided showing the beneficiary as the subject of published material, fulfilling this criterion.
Original Contributions of Major Significance:
The Director did not fully consider the evidence for this criterion.
Participation as a Judge:
The beneficiary participated as a jury member in the 2018 festival, which was not considered by the Director.
Membership in Associations:
The associations’ requirement for outstanding achievements was not adequately proven.
Authorship of Scholarly Articles:
Not applicable in this case.
Leading or Critical Role Performed:
The Director’s decision did not address the evidence specifically, making it necessary to reevaluate.
Artistic Exhibitions or Showcases:
The beneficiary’s work was shown at various independent film festivals, needing further review.
Evidence of High Salary or Remuneration:
The specific evidence provided was not addressed by the Director.
Commercial Successes in the Performing Arts:
Evidence was not sufficient to meet this criterion.
Supporting Documentation
- Evidence of awards received, including a 2018 award and other international festival awards.
- Documentation of the beneficiary’s participation as a judge.
- Evidence of the beneficiary’s work displayed at artistic exhibitions and showcases.
- Published materials about the beneficiary.
- Documentation of membership in professional associations.
- Evidence of high salary and commercial success.
Conclusion
Final Determination: The decision of the Director is withdrawn and remanded for further review.
Reasoning:
The Director’s decision lacked a complete analysis and full explanation. Specific evidence was not adequately addressed, necessitating a remand for a new decision consistent with the analysis provided.
Next Steps:
The Director should issue a new decision, potentially including a new RFE, to fully evaluate the evidence related to the criteria at 8 C.F.R. § 204.5(h)(3)(i), (iv), and (vii). The decision should include a final merits analysis to determine if the beneficiary possesses sustained national or international acclaim and is among the small percentage at the very top of their field.
Download the Full Petition Review Here
Cite as Matter of G-M-, ID# 20949716
JUN092022_01B2203
