Date of Decision: APR. 9, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Documentary Filmmaker
Field: Arts (Documentary Filmmaking)
Nationality:
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Nationally or internationally recognized awards: Met for lesser awards, but appeal rejected the significant recognition required.
- Published material about the petitioner in the arts: Met, but upon appeal, the evidence provided was deemed insufficient.
- Participation as a judge of the work of others in the field: Met, as documented by her participation in judging panels.
- Display of the petitioner’s work at artistic exhibitions: Met, with documented screenings at various film festivals.
Criteria Not Met:
- Original contributions of major significance: Not established.
- Performance in a leading or critical role: Not established due to lack of evidence of a distinguished reputation for her company and roles.
- High salary or remuneration compared to others in the field: Not established.
Key Points from the Decision
Awards and Prizes Won:
- The petitioner received various lower-tier awards but failed to demonstrate that these were of a nationally or internationally recognized caliber.
Published Materials About the Petitioner:
- While some materials were initially accepted, further review on appeal deemed them insufficient as they did not focus specifically on the petitioner’s achievements.
Participation as a Judge:
- Documented participation as a judge in film-related panels, which satisfied this criterion.
Artistic Exhibitions or Showcases:
- Evidence of the petitioner’s films being showcased in multiple reputable exhibitions was acknowledged and met the necessary standards.
Supporting Documentation
- Letters of support from industry peers.
- Evidence of awards and recognitions at various levels.
- Documentary proof of participation in judging panels and film exhibitions.
Conclusion
Final Determination: The petitioner did not meet the required criteria for classification as an individual of extraordinary ability in the arts. The evidence provided did not demonstrate sustained national or international acclaim nor did it establish her as one of the small percentage at the very top of her field.
Reasoning:
- The appeal failed to overturn the initial decision due to insufficient evidence of the petitioner’s standing and recognition in the documentary filmmaking field.
Next Steps:
- It is recommended that the petitioner gather more substantial evidence of national or international acclaim or significant contributions to her field before reapplying.
