Date of Decision: AUG. 2, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Cinematographer and Broadcast Associate
Field: Cinematography, Broadcast
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Display of the individual’s work: Met
- Leading or critical role: Met
Criteria Not Met:
- Receipt of lesser nationally or internationally recognized prizes or awards: The petitioner did not provide sufficient evidence showing the awards were nationally or internationally recognized.
- Published material about the alien: The petitioner did not provide published materials that specifically focused on the beneficiary’s work.
- Participation as a judge of the work of others: The evidence provided did not meet the plain language of the regulation at the time of filing.
- Original contributions of major significance: The letters provided were not sufficient to demonstrate original contributions of major significance.
Key Points from the Decision
Awards and Prizes Won
The petitioner claimed the beneficiary’s association with award-winning films at various film festivals. However, the provided evidence did not substantiate that the awards were nationally or internationally recognized or awarded for excellence in the field of endeavor.
Published Materials About the Petitioner
The petitioner cited a single newspaper article and several film reviews. However, these materials did not meet the criteria as they were not primarily about the beneficiary.
Original Contributions of Major Significance
Letters attesting to the beneficiary’s artistic skills were provided, but they lacked concrete evidence of original contributions or influence on the field.
Participation as a Judge
The beneficiary was invited to serve as a judge at an awards event after the filing of the petition. As eligibility must be established at the time of filing, this criterion was not met.
Membership in Associations
Not applicable or not sufficiently evidenced.
Authorship of Scholarly Articles
Not applicable or not sufficiently evidenced.
Leading or Critical Role Performed
The petitioner provided evidence of the beneficiary’s critical role in the petitioner’s organization, which was deemed sufficient to meet this criterion.
Artistic Exhibitions or Showcases
The petitioner demonstrated that films associated with the beneficiary were showcased at various film festivals, meeting this criterion.
Evidence of High Salary or Remuneration
Not applicable or not sufficiently evidenced.
Commercial Successes in the Performing Arts
Not applicable or not sufficiently evidenced.
Supporting Documentation
- Articles and brochures confirming the films’ showcases at festivals.
- Letters from colleagues and industry professionals attesting to the beneficiary’s contributions.
- Evaluation by a professor emeritus reviewing the beneficiary’s curriculum vitae and testimonial letters.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not satisfy the burden of proof required to establish eligibility for the EB-1 extraordinary ability classification. The evidence provided was insufficient to demonstrate the beneficiary’s sustained national or international acclaim and recognition.
Next Steps: The petitioner may consider providing more substantial evidence or addressing the specific criteria more comprehensively in any future petitions.
