Date of Decision: August 31, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Executive Vice President (Producer)
Field: Television and Film Production
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published Material: The petitioner provided articles from recognized industry publications that discussed her employment transitions, which were considered sufficient to meet this criterion.
Leading or Critical Role: Evidence supported the petitioner’s significant role in her organizations, demonstrating her influence and responsibility within the industry.
High Salary: Documentation confirmed the petitioner’s salary was higher than the industry average, evidencing her high remuneration.
Criteria Not Met:
Original Contributions of Major Significance: The petitioner did not provide sufficient evidence to demonstrate that her contributions had a major impact on the field of television and film production.
Lesser Nationally or Internationally Recognized Prizes or Awards: No evidence was provided to show recognition of the petitioner’s work at a national or international level through awards.
Membership in Associations: The evidence did not establish that the petitioner’s memberships were in associations that required outstanding achievements.
Participation as a Judge: There was no documentation provided to show the petitioner’s involvement in judging the work of peers.
Authorship of Scholarly Articles: The petitioner did not submit any scholarly articles or publications that contributed to the field.
Key Points from the Decision
Published Materials About the Petitioner: Although several articles mentioned the petitioner, they were primarily focused on her role transitions rather than her professional achievements.
Leading or Critical Role Performed: The petitioner’s roles were acknowledged as significant within her companies, but there was a lack of broader industry impact evident from her positions.
Evidence of High Salary or Remuneration: While the petitioner’s salary was higher than average, this alone did not qualify her achievements as extraordinary under the criteria.
Supporting Documentation
The record included articles from industry publications, employment contracts showing salary details, and letters from colleagues and industry professionals that vouched for the petitioner’s role and abilities.
Conclusion
Final Determination: The appeal was dismissed, as the petitioner failed to demonstrate that she met the required number of criteria to qualify for the EB1 classification. The evidence did not sufficiently show that her achievements had garnered sustained national or international acclaim.
Reasoning: Despite meeting some criteria, the overall evidence did not support the claim of extraordinary ability as defined by the standards set forth for this classification.
Next Steps: The petitioner may consider gathering more robust evidence that clearly demonstrates her sustained acclaim and significant contributions to her field, potentially focusing on securing and documenting major awards or producing significant scholarly work.