Date of Decision: MAY 15, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Drama Director
Field: Arts
Nationality:
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Judging under 8 C.F.R. § 204.5(h)(3)(iv): The petitioner was recognized for their role in judging artistic events.
- Artistic Display under 8 C.F.R. § 204.5(h)(3)(vii): Demonstrated through exhibitions and public displays of their work.
- High Salary under 8 C.F.R. § 204.5(h)(3)(ix): Earned compensation well above the norm in the field of drama directing.
Criteria Not Met:
The petitioner failed to meet the other criteria required to prove extraordinary ability under the necessary regulatory conditions.
Key Points from the Decision
Awards and Prizes Won: None were mentioned that met the significant standards required for this visa category.
Published Materials About the Petitioner: No significant publications about the petitioner’s work were cited that would influence the field substantially.
Original Contributions of Major Significance: No contributions were recognized as major or influential within the broader arts community.
Participation as a Judge: The petitioner’s participation as a judge in artistic events was noted but not considered sufficient on its own.
Membership in Associations: No memberships in leading organizations were mentioned.
Authorship of Scholarly Articles: No scholarly articles or publications by the petitioner were noted.
Leading or Critical Role Performed: While active in their field, the petitioner’s roles were not deemed critical or leading within a significant segment of the arts community.
Artistic Exhibitions or Showcases: Although the petitioner has participated in exhibitions, none were deemed significant enough to influence the field.
Evidence of High Salary or Remuneration: The petitioner’s high salary was recognized but not seen as proof of extraordinary ability on its own.
Commercial Successes in the Performing Arts: No commercial successes were mentioned that would indicate a significant impact or recognition.
Supporting Documentation
The decision referenced various pieces of documentation submitted by the petitioner, including evidence of participation in judging panels, artistic displays, and salary details. However, this documentation was deemed insufficient to overturn the initial denial due to a lack of broader impact or recognition in the field.
Conclusion
Final Determination: The motion to reconsider is denied due to insufficient evidence to prove that the petitioner stands at the top of their field or that the initial decision was incorrect based on the existing legal standards.
Reasoning: The evidence provided did not meet the high standards required for classification as an individual of extraordinary ability in the arts.
Next Steps: The petitioner may seek to gather more substantial evidence of their extraordinary abilities or consider other visa categories for which they may be eligible.
