EB-1 Extraordinary Ability USCIS Appeal Review – Director and Producer – FEB032023_03B2203

Date of Decision: February 3, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability

Petitioner Information

Profession: Director and Producer
Field: Film Industry
Nationality: [Not specified in the document]

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met:

1. Participation as a Judge:

• The Petitioner satisfied the criterion related to judging by demonstrating participation as a judge in her field.

Criteria Not Met:

1. Prizes or Awards:

• The Petitioner did not meet the requirements for nationally or internationally recognized prizes or awards. The evidence provided was deemed regional in nature and did not demonstrate the necessary level of recognition for excellence in the field.

1. Membership in Associations:

• The Petitioner failed to provide sufficient evidence of membership in associations that require outstanding achievements judged by recognized national or international experts.

1. Authorship of Scholarly Articles:

• The Petitioner did not meet the criterion for authorship of scholarly articles, as the materials presented did not demonstrate profound knowledge or scholarship in the field.

1. Leading or Critical Role:

• Although the Petitioner argued for this criterion on appeal, it was unnecessary to reach a decision due to failure to meet the initial evidentiary requirement of three criteria.

Key Points from the Decision

Awards and Prizes Won

• Summary of findings: The Petitioner’s awards, such as those related to regional Emmy competitions, were not recognized at a national or international level. The accolades were directed towards productions she was associated with, not individual recognition.

Membership in Associations

• Summary of findings: The Petitioner did not provide bylaws or constitutions of associations to establish membership requirements. Associations mentioned did not require outstanding achievements judged by experts as a condition for membership.

Authorship of Scholarly Articles

• Summary of findings: The Petitioner’s book on television and film production and participation in a seminar did not qualify as scholarly articles written for learned persons in the field.

Evidence of High Salary or Remuneration

• Summary of findings: Not explicitly mentioned in the document.

Supporting Documentation

• The supporting documents included evidence of participation as a judge and membership in associations, among others. However, they were insufficient to meet the required criteria for the EB1 Extraordinary Ability classification.

Conclusion

Final Determination: Appeal Dismissed

Reasoning:

• The Petitioner did not meet the initial evidentiary requirements of either a one-time achievement or three of the ten criteria listed at 8 C.F.R. § 204.5(h)(3)(i)-(x).
• The totality of the material provided did not support a finding of sustained national or international acclaim required for the classification.

Next Steps:

• Recommendations or next steps for the petitioner were not provided in the document. However, typically, the Petitioner could seek legal advice to strengthen future applications or consider alternative visa classifications.

This blog post provides an overview of the decision on the appeal for the EB1 Extraordinary Ability classification. The petitioner, a film director and producer, failed to meet the stringent criteria required for this visa category. The denial underscores the high standards and rigorous evidence needed to demonstrate extraordinary ability.

Download the Full Petition Review Here