Date of Decision: August 20, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Cinematographer/Director of Photography
Field: Film and Television
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: The petitioner has received multiple awards, including:
L____ Dramatic Category at the L___ Film Festival.
Multiple nominations for the Filml I Awards for films O__ (2013) and __ (2015).
Published Material About the Petitioner: The petitioner was featured in Variety magazine, which included him in its “10 Cinematographers to Watch” list in 2008. His work has been covered by major trade publications like Variety, Filmmaker Magazine, and The Film Stage.
Display of Work at Artistic Exhibitions or Showcases: The petitioner’s work has been featured at major international film festivals, including the I__ Film Festival, I__ Film Festival, and the I__ Film Festival.
Criteria Not Met:
Original Contributions of Major Significance: While the petitioner claimed significant contributions, the evidence did not sufficiently demonstrate that these contributions had major significance in the field.
Leading or Critical Role: The petitioner asserted that he had leading or critical roles, but this was not sufficiently substantiated to meet the criterion.
Key Points from the Decision
Awards and Prizes Won:
The petitioner provided evidence of receiving several prestigious awards in his field. Specifically, he won the L____ Dramatic Category at the L___ Film Festival. He also received multiple nominations for the Filml I Awards for films O__ (2013) and __ (2015).
Published Materials About the Petitioner:
The petitioner submitted articles about his work published in major trade publications such as Variety, Filmmaker Magazine, and The Film Stage. These articles met the criterion for published material about the petitioner.
Original Contributions of Major Significance:
The petitioner’s contributions were acknowledged, but the letters of recommendation and other evidence did not sufficiently demonstrate that his work had a major impact on the field of cinematography.
Participation as a Judge:
The petitioner has served as a judge for the cinematography category for the __ Awards in 2020.
Membership in Associations:
The petitioner is a full member of the _ and the _. Membership in these associations is by invitation only and is awarded to those who have proven themselves to be among the very best in the field.
Authorship of Scholarly Articles:
The petitioner provided evidence of authoring scholarly articles, which met this criterion.
Leading or Critical Role Performed:
The petitioner provided evidence of holding significant positions but did not sufficiently demonstrate that these roles were leading or critical to meet the criterion.
Artistic Exhibitions or Showcases:
The petitioner’s work has been displayed at major international film festivals, fulfilling this criterion.
Evidence of High Salary or Remuneration:
The petitioner did not provide evidence to meet this criterion.
Commercial Successes in the Performing Arts:
The petitioner did not claim or provide evidence for this criterion.
Supporting Documentation
The petitioner submitted documents including articles, letters of recommendation, evidence of his participation in judging, and documentation of his contributions to the field of cinematography. The petitioner also provided letters from his U.S. and U.K talent representatives, discussing his prominent upcoming projects and high remuneration relative to his peers.
Conclusion
Final Determination: The appeal was sustained.
Reasoning: The USCIS concluded that the petitioner met the necessary criteria for classification as an individual of extraordinary ability. The petitioner demonstrated sustained national and international acclaim and that his achievements have been recognized through extensive documentation. The petitioner also showed that he intends to continue working in his area of expertise and that his work will substantially benefit the United States.
Next Steps: The petitioner can proceed with the next steps in his immigration process, as his appeal for classification as an individual of extraordinary ability has been approved.
