Date of Decision: November 30, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Film and Media Editor
Field: Film and Media Editing
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Lesser nationally or internationally recognized prizes or awards:
The petitioner submitted evidence of several awards, including the 2005 and 2006 Latin America Awards and the 2006 Festivals Bronze Award. However, the documentation did not sufficiently establish the national or international recognition of these awards or their relevance to excellence in the field of film and media editing.
Display at artistic exhibitions or showcases:
The petitioner provided sufficient documentary evidence to establish the display of his work in artistic exhibitions or showcases.
Criteria Not Met:
Participation as a judge of the work of others in the same or an allied field:
The petitioner claimed participation as a judge at an event but did not provide evidence of actual participation at the time of filing the visa petition. Therefore, this criterion was not met.
Performance in a leading or critical role for organizations or establishments that have a distinguished reputation:
The petitioner submitted letters from various individuals stating his roles and contributions. However, the letters did not provide sufficient detail to establish his roles as leading or critical within the organizational hierarchy or demonstrate the distinguished reputation of the organizations.
Key Points from the Decision
Awards and Prizes Won:
The petitioner provided evidence of various awards, but the documentation was insufficient to establish their national or international recognition or relevance to excellence in his field.
Published Materials About the Petitioner:
There was no specific mention or analysis of published materials about the petitioner in the decision.
Original Contributions of Major Significance:
The petitioner did not sufficiently demonstrate original contributions of major significance in his field through the provided documentation.
Participation as a Judge:
The petitioner failed to provide evidence of actual participation as a judge in events, leading to the non-fulfillment of this criterion.
Membership in Associations:
No evidence or analysis of membership in associations was provided in the decision.
Authorship of Scholarly Articles:
No evidence or analysis of authorship of scholarly articles was provided in the decision.
Leading or Critical Role Performed:
The petitioner provided letters from colleagues and associates, but these did not sufficiently establish his roles as leading or critical within the organizations or the distinguished reputation of the organizations.
Artistic Exhibitions or Showcases:
The petitioner successfully provided evidence of the display of his work in artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
No evidence or analysis of high salary or remuneration was provided in the decision.
Commercial Successes in the Performing Arts:
No evidence or analysis of commercial successes in the performing arts was provided in the decision.
Supporting Documentation
- Latin America Awards (2005, 2006): Provided but lacking in sufficient evidence of national or international recognition.
- Festivals Bronze Award (2006): Provided but lacking in sufficient evidence of national or international recognition.
- Letters from Colleagues: Provided but lacking in sufficient detail to establish leading or critical roles.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The petitioner did not meet the required initial evidence of either a one-time achievement or documentation that meets at least three of the ten regulatory criteria. Furthermore, upon reviewing the totality of the evidence, the petitioner did not demonstrate the necessary acclaim and recognition required for the classification sought.
Next Steps:
The petitioner may consider gathering more robust evidence to support claims of national or international recognition, participation in judging events, and leading or critical roles within organizations of distinguished reputation before reapplying.
