Date of Decision: March 3, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Director of Photography
Field: Film and Television Industry
Nationality: [Not specified in the provided document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Membership in Associations:
The Petitioner demonstrated membership in associations that require outstanding achievements of their members. This includes the submission of documentation showing membership in prestigious organizations in his field.
Published Materials in Major Media:
The Petitioner provided evidence of published materials in major media about his work, satisfying this criterion. These materials included articles and reviews highlighting his contributions and achievements.
Judging the Work of Others:
The Petitioner met the criterion for judging the work of others by providing evidence of his participation as a judge in his field. This included records of his involvement in evaluating the work of peers in various capacities.
Display of Work in Artistic Exhibitions or Showcases:
The Petitioner’s work was displayed in artistic exhibitions or showcases, as evidenced by the submission of festival passes and other relevant documentation showing the exhibition of his cinematography at notable events.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Awards:
The Petitioner claimed to meet this criterion but did not provide sufficient evidence to demonstrate receipt of such awards that meet the regulatory requirements.
Leading or Critical Role for Organizations with a Distinguished Reputation:
The Petitioner provided evidence but did not establish that he performed leading or critical roles within organizations of distinguished reputation to the satisfaction of the criterion’s requirements.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings:
The Petitioner did not meet the criterion for lesser nationally or internationally recognized awards. The evidence provided was deemed insufficient to establish the receipt of such awards.
Published Materials About the Petitioner:
Summary of findings:
The Petitioner successfully demonstrated that there were published materials in major media about his work, meeting this criterion.
Key quotes or references:
“The Director concluded that the Petitioner satisfied the criteria related to memberships in associations that require outstanding achievements, published materials in major media, judging the work of others in his field, and display of his work in artistic exhibitions or showcases.”
Original Contributions of Major Significance:
Summary of findings:
Not applicable to this case.
Participation as a Judge:
Summary of findings:
The Petitioner provided adequate evidence to satisfy the judging criterion, including records of his participation as a judge in his field.
Membership in Associations:
Summary of findings:
The Petitioner met this criterion by demonstrating membership in associations that require outstanding achievements of their members.
Authorship of Scholarly Articles:
Summary of findings:
Not applicable to this case.
Leading or Critical Role Performed:
Summary of findings:
The Petitioner did not provide sufficient evidence to establish that he performed leading or critical roles for organizations with a distinguished reputation.
Artistic Exhibitions or Showcases:
Summary of findings:
The Petitioner successfully demonstrated that his work was displayed in artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
Summary of findings:
Not applicable to this case.
Commercial Successes in the Performing Arts:
Summary of findings:
Not applicable to this case.
Supporting Documentation
Memberships:
Documentation of membership in prestigious associations requiring outstanding achievements.
Published Materials:
Articles and reviews in major media about the Petitioner’s work.
Judging Work:
Evidence of participation as a judge in the field.
Artistic Exhibitions:
Festival passes and documentation of exhibitions showcasing the Petitioner’s work.
Conclusion
Final Determination:
The Director’s decision is withdrawn. The matter is remanded for the entry of a new decision.
Reasoning:
The Director did not adequately consider all the evidence in the final merits determination. The Petitioner met the initial evidence requirements by satisfying at least three criteria. The new decision should include a comprehensive analysis of the totality of the evidence, considering whether the Petitioner has demonstrated sustained national or international acclaim and recognition as one of the small percentage at the top of his field.
Next Steps:
The Director should re-evaluate the evidence, including additional documentation provided on appeal, to determine if the Petitioner has established extraordinary ability. The Petitioner may submit further evidence to support his claim of sustained national or international acclaim and top status in his field.
