Date of Decision: NOV. 14, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Filmmaker
Field: Film Industry
Nationality: Nigeria
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
1. Display of Work at Artistic Exhibitions or Showcases:
The Petitioner demonstrated that his films were screened at several film competitions and online festivals, meeting this criterion.
2. Participation as a Judge:
Evidence was provided that the Petitioner served as a juror for a monthly film competition and was a member of its Advisory Board, meeting this criterion.
Criteria Not Met:
1. Lesser Nationally or Internationally Recognized Prizes or Awards for Excellence:
The Petitioner submitted evidence of various awards and nominations; however, they did not meet the required standard for national or international recognition.
2. Published Material About the Petitioner in Major Media:
The submitted articles did not appear in major media publications, and the circulation data provided was insufficient to establish them as such.
3. Leading or Critical Role for Distinguished Organizations:
The Petitioner’s evidence did not sufficiently demonstrate that his role as an editor was leading or critical for a distinguished organization.
Key Points from the Decision
Awards and Prizes Won: The Petitioner submitted evidence of several awards, including a $25,000 First Prize in a documentary competition. However, these awards were not considered nationally or internationally recognized for excellence due to the nature of the competitions and selection criteria.
Published Materials About the Petitioner: Articles were submitted from Nigerian newspapers, but they did not qualify as major media. Circulation numbers and rankings provided were not compelling enough to support this claim.
Original Contributions of Major Significance: Not applicable in this case.
Participation as a Judge: The Petitioner successfully demonstrated his role as a juror for a monthly film competition through letters and screenshots of his judge’s dashboard.
Membership in Associations: Not applicable in this case.
Authorship of Scholarly Articles: Not applicable in this case.
Leading or Critical Role Performed: The Petitioner did not sufficiently establish that his role as an editor was leading or critical for a distinguished organization.
Artistic Exhibitions or Showcases: The Petitioner’s films were screened at multiple festivals and competitions, meeting this criterion.
Evidence of High Salary or Remuneration: Not applicable in this case.
Commercial Successes in the Performing Arts: Not applicable in this case.
Supporting Documentation
- Letters from Film Competition Organizers: Summarized the Petitioner’s participation and judging roles.
- Screenshots from Competition Websites: Provided evidence of the Petitioner’s involvement as a juror.
- Articles from Nigerian Newspapers: Submitted to demonstrate published material about the Petitioner, but found insufficient.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not provide sufficient evidence to meet at least three of the ten regulatory criteria. Additionally, the overall record did not support a finding of sustained national or international acclaim required for the classification sought.
Next Steps: The Petitioner may consider gathering more compelling evidence that meets the USCIS criteria and reapplying or exploring other visa options.
