Date of Decision: DEC. 20, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Film Director and Producer
Field: Cinematography and TV Production
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Authorship of scholarly articles:
The Petitioner published a 2018 article titled ‘Herald of KNUKiM’ in Issue 38 of the journal Herald of KNUKiM, Series of Art History, a publication of the University of Culture and Arts. Additionally, the Petitioner published a peer-reviewed book titled ‘Herald of KNUKiM’.
Criteria Not Met:
Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field:
The Petitioner claimed eligibility through awards received by the televised concert and the movies, as well as through her receipt of the Ukraine Football League medal and an award from Ukraine for her contribution during a political period. However, the documentation showed that these awards were received by entities or were not sufficiently recognized in the field of film production.
Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field:
The Petitioner argued her development of a unique lighting concept and other innovations in her work. However, the evidence provided did not sufficiently demonstrate that these contributions were widely implemented or significantly impacted the field.
Leading or critical role for organizations or establishments that have a distinguished reputation:
The Petitioner claimed a leading and critical role for an organization. The evidence provided, including a letter from a director, did not sufficiently demonstrate her impact or leading nature in the organization.
Key Points from the Decision
Awards and Prizes Won:
- The Petitioner’s awards were not considered nationally or internationally recognized for excellence in the field of film production.
Published Materials About the Petitioner:
- Not specified in the document.
Original Contributions of Major Significance:
- The Petitioner’s contributions were not demonstrated to be of major significance in the field, lacking corroborative evidence.
Participation as a Judge:
- Not specified in the document.
Membership in Associations:
- Not specified in the document.
Authorship of Scholarly Articles:
- The Petitioner met this criterion by publishing a peer-reviewed book and an article in a recognized journal.
Leading or Critical Role Performed:
- The Petitioner’s claimed leading and critical role was not sufficiently supported by the evidence provided.
Artistic Exhibitions or Showcases:
- Not specified in the document.
Evidence of High Salary or Remuneration:
- Not specified in the document.
Commercial Successes in the Performing Arts:
- Not specified in the document.
Supporting Documentation
- Translated screenshots from the award’s website and program credits.
- Letters of recommendation from industry professionals.
- Printouts from IMDb.com and other websites providing synopses of the Petitioner’s work.
- Copies of awards, media reports, and other relevant materials.
- English language abstract of the Petitioner’s published article and translation of the journal’s cover page and table of contents.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The Petitioner did not submit the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria. The evidence provided did not sufficiently establish the Petitioner’s sustained national or international acclaim or recognition required for the classification sought. The Petitioner’s work, while notable, did not meet the high threshold of being among the small percentage who have risen to the very top of their field.
Next Steps:
- The Petitioner may consider gathering more substantial and corroborative evidence to support any future petitions.
- Seeking additional expert opinion letters that provide specific examples of the Petitioner’s impact on the field may strengthen the case.
