Date of Decision: MAR. 15, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Executive Producer
Field: Entertainment Industry
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Leading or critical role for organizations with a distinguished reputation:
The petitioner has performed in a leading or critical role for an organization that enjoys a distinguished reputation.
Criteria Not Met:
Lesser nationally or internationally recognized awards or prizes:
The petitioner claimed several awards, including Clio Entertainment Awards, One Show Awards, and a Webby Award. However, these awards did not meet the regulatory requirements for nationally or internationally recognized awards for excellence in the field.
Published material in professional, major trade publications or other major media:
The articles provided were either not about the petitioner or did not come from recognized professional or major trade publications.
High salary or other significantly high remuneration for services:
The petitioner did not provide sufficient evidence of past earnings to prove he commanded a high salary or significantly high remuneration compared to others in his field.
Commercial successes in the performing arts:
The petitioner did not provide sufficient evidence of commercial success in the form of sales or box office receipts relative to others in similar pursuits in the performing arts.
Key Points from the Decision
Awards and Prizes Won:
The petitioner’s awards, such as the Grand Clio Entertainment Award, Gold Clio Entertainment Award, Gold Pencil Award, and Webby Award, were notable achievements but did not qualify as major internationally recognized awards.
Published Materials About the Petitioner:
Most of the articles submitted were about projects the petitioner worked on rather than the petitioner himself. Some articles were not from major trade publications or did not identify the title, date, and author.
Evidence of High Salary or Remuneration:
The petitioner provided expected future earnings and some tax documents, but these were insufficient to establish past high earnings in comparison to others in his field.
Commercial Successes in the Performing Arts:
The petitioner did not submit adequate evidence to demonstrate commercial success in the performing arts, such as box office receipts or sales figures.
Supporting Documentation
- Letter from Producer: Detailed expected compensation for upcoming projects.
- Corporate Tax Returns: Provided partial financial data.
- Awards Photographs and Letters: Verified receipt of various industry awards.
- Articles and Media Coverage: Included articles discussing the petitioner’s projects but lacking specific focus on the petitioner.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not meet the required initial evidence of either a one-time achievement or documents that satisfy at least three of the ten evidentiary criteria. The overall record does not support the required sustained national or international acclaim or demonstrate that the petitioner is among the top few in the field.
Next Steps:
The petitioner may consider gathering more comprehensive evidence that directly addresses the criteria not met and reapplying or exploring other immigration options.
Download the Full Petition Review Here
Cite as Matter of G-M-, ID# 19083064
MAR152022_01B2203
