Date of Decision: August 24, 2023
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 Television Production
Nationality: Ukrainian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Authorship of Scholarly Articles: The petitioner met this criterion through the authorship of a scholarly book on Ukrainian films.
Criteria Not Met:
- Lesser Nationally or Internationally Recognized Prizes or Awards: The petitioner submitted evidence related to several awards, but the documentation did not sufficiently establish that the awards were nationally or internationally recognized, or that she personally received them.
- Original Contributions of Major Significance: The petitioner claimed three original contributions, but the evidence did not sufficiently establish the originality or major significance of these contributions.
- Display of Work in Artistic Exhibitions or Showcases: The evidence did not establish that her work was displayed at film festivals or other artistic showcases.
- Leading or Critical Role: The evidence did not establish that she played a leading or critical role in organizations with a distinguished reputation.
Key Points from the Decision
Awards and Prizes Won:
- Teletriumph Award: Evidence was insufficient to demonstrate the petitioner’s receipt of this award.
- Revolution Guard Certificate and Professional Football League Medal: Insufficient evidence to show these were awards for excellence in her field or nationally/internationally recognized.
Published Materials About the Petitioner:
- None that met the required criteria for national or international acclaim.
Original Contributions of Major Significance:
- Vanishing Effect: Not sufficiently supported by evidence or corroborated by knowledgeable sources.
- Book on Ukrainian Films: Evidence submitted on appeal was not considered, and initial evidence did not establish significant impact or wide implementation.
- Teaching a Course: Insufficient evidence of originality or major significance.
Participation as a Judge:
- No applicable evidence.
Membership in Associations:
- No applicable evidence.
Authorship of Scholarly Articles:
- Book on Ukrainian Films: Authored by the petitioner but not proven to have significant influence in the field.
Leading or Critical Role Performed:
- Teaching Role: Insufficient evidence to demonstrate critical role or distinguished reputation of the institution.
- Professional Role: Lack of supporting evidence for the claimed impact and significance of her contributions.
Artistic Exhibitions or Showcases:
- Insufficient evidence that her work was displayed in recognized artistic venues.
Evidence of High Salary or Remuneration:
- No applicable evidence.
Commercial Successes in the Performing Arts:
- No applicable evidence.
Supporting Documentation
- Teletriumph Award Evidence: Website pages, photographs, and a letter from a filmmaker, which did not conclusively prove receipt or recognition.
- Revolution Guard Certificate: A letter from a former employer with no corroborative evidence.
- Professional Football League Medal: Insufficient supporting evidence or context.
- Original Contributions: Letters and articles that lacked specificity or corroboration.
Conclusion
Final Determination: The appeal is dismissed. The petitioner did not meet the required initial evidence of either a one-time achievement or documents meeting at least three of the ten criteria for extraordinary ability classification.
Reasoning:
- Insufficient documentation and lack of evidence supporting the petitioner’s claims for several criteria.
- Failure to establish sustained national or international acclaim and recognition in the field.
Next Steps:
- The petitioner may consider gathering additional, more comprehensive evidence that directly supports each claimed criterion.
- Seek expert legal advice for guidance on addressing deficiencies in the evidence presented.
