EB-1 Extraordinary Ability USCIS Appeal Review – Filmmaker from Turkey – DEC052019_01B2203

Date of Decision: DEC. 5, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability

Petitioner Information

Profession: Filmmaker
Field: Film Directing and Screenwriting
Nationality: Turkish

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met:

  1. Awards: The petitioner won two Grand Jury Awards at the WorldFest Film Festival for his feature film.
  2. Judging: The petitioner judged various film and screenwriting competitions, including the International Film Festival.
  3. Artistic Exhibitions or Showcases: The petitioner’s work was displayed at several film festivals.

Criteria Not Met:

  1. Published Materials About the Petitioner: The articles provided did not meet all elements of the evidentiary criterion due to incomplete information or lack of evidence showing the articles appeared in major media.
  2. Original Contributions of Major Significance: The petitioner did not establish that his work had a major impact in the field of filmmaking.
  3. Evidence of High Salary or Remuneration: There was insufficient evidence regarding the petitioner’s income relative to others in his field.
  4. Membership in Associations: The memberships cited did not have enough supporting evidence to indicate national acclaim.

Key Points from the Decision

Awards and Prizes Won:

The petitioner won two Grand Jury Awards at the WorldFest Film Festival for his feature film. However, there was no evidence that these awards resulted in sustained national or international acclaim.

Published Materials About the Petitioner:

While the petitioner provided articles about his work, they were either not fully translated or did not appear in major media. The articles failed to demonstrate that the petitioner received significant media attention.

Original Contributions of Major Significance:

The petitioner’s contributions, including his award-winning film and other projects, were noted but did not demonstrate a career of acclaimed work. The recognition received for his work was not enough to establish him at the very top of his field.

Participation as a Judge:

The petitioner participated in judging various film competitions. However, the documentation provided did not establish that these activities garnered national recognition.

Membership in Associations:

The petitioner cited memberships in several Turkish film industry associations. However, the record lacked sufficient supporting evidence regarding these groups or their membership requirements to demonstrate national acclaim.

Supporting Documentation

  • WorldFest Film Festival Awards: Documentation of awards won by the petitioner’s film.
  • Articles and Media Coverage: Various articles and screenshots showing media coverage, though many were incomplete or lacked sufficient detail.
  • Judging Activities: Evidence of the petitioner’s participation as a judge in film and screenwriting competitions.
  • Association Memberships: Information on the petitioner’s membership in Turkish film industry organizations.

Conclusion

Final Determination: Appeal Dismissed

Reasoning:
The petitioner did not provide sufficient evidence to demonstrate sustained national or international acclaim. While he met some initial criteria, the totality of the evidence did not establish him as being among the small percentage at the very top of his field.

Next Steps:
Recommendations for the petitioner include gathering more substantial evidence of international recognition and ensuring all documentation is complete and well-supported.

Download the Full Petition Review Here

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