Date of Decision: June 9, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Filmmaker
Field: Film and Video Design
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Display of work at artistic exhibitions or showcases: The Petitioner’s films were screened at independent film festivals, satisfying this criterion.
Criteria Not Met:
Lesser nationally or internationally recognized prizes or awards: The awards received by the Petitioner were not demonstrated to be nationally or internationally recognized for excellence.
Published materials about the individual in professional or major trade publications or other major media: The submitted articles did not meet all the evidentiary requirements, such as author identification and proof of publication in major media.
Original contributions of major significance: The reference letters and other evidence provided did not sufficiently demonstrate that the Petitioner’s contributions had a significant impact on the field.
Leading or critical role for organizations that have a distinguished reputation: The Petitioner did not demonstrate that his roles in independent films qualified as leading or critical roles for organizations or establishments with distinguished reputations.
Key Points from the Decision
Awards and Prizes Won: The Petitioner submitted evidence of awards for his short and feature-length films. However, these awards were not shown to be nationally or internationally recognized for excellence. The Petitioner did not provide sufficient documentation regarding the recognition and significance of these awards.
Published Materials About the Petitioner: The Petitioner submitted articles from various online publications, but they did not include necessary information such as the intended audience or circulation statistics to prove they were from major media. Additionally, not all articles included the author’s name, failing to meet the criterion’s requirements.
Original Contributions of Major Significance: The reference letters praised the Petitioner’s talent and achievements but did not provide specific examples of contributions of major significance to the field of filmmaking. The evidence did not demonstrate that the Petitioner’s work had influenced others in the field or made a significant impact.
Participation as a Judge: Not applicable.
Membership in Associations: Not applicable.
Authorship of scholarly articles: Not applicable.
Leading or critical role performed: The Petitioner did not sufficiently demonstrate that his roles in independent film productions met the requirements of being leading or critical for distinguished organizations.
Artistic Exhibitions or Showcases: The Petitioner’s films were screened at independent film festivals, which satisfied this criterion.
Evidence of High Salary or Remuneration: Not applicable.
Commercial successes in the Performing Arts: Not applicable.
Supporting Documentation
List of Supporting Documents:
- Award Certificates: Included certificates from various film festivals, but lacked sufficient evidence to prove national or international recognition.
- Articles: Articles from online publications were submitted, but lacked required details such as circulation statistics and author names.
- Reference Letters: Letters from colleagues and professors praised the Petitioner but did not demonstrate major contributions to the field.
- Film Festival Evidence: Proof of film screenings at festivals was provided, meeting the criterion for artistic exhibitions or showcases.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not meet the initial evidence requirements of either a one-time achievement or documentation that satisfied at least three of the ten criteria. The evidence provided did not demonstrate sustained national or international acclaim or that the Petitioner was among the top of his field.
Next Steps: The Petitioner may consider gathering more substantial evidence of recognized achievements and contributions to the field, including higher-profile awards and more significant media coverage, for future petitions.
Download the Full Petition Review Here
Cite as Matter of G-M-, ID# 20339501
JUN092022_02B2203
