Date of Decision: August 30, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Independent Filmmaker
Field: Film and Documentary
Nationality: Zimbabwe
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: The petitioner received several awards, including a National Arts Council of Zimbabwe award in 2013, and an award at the I__ International Film Festival in 2011.
Published Material About the Petitioner: Numerous articles discussing the petitioner’s work and accomplishments were published in major media outlets.
Participation as a Judge of the Work of Others: The petitioner served as the head juror for a film festival, demonstrating his recognition in the field.
Display of Work at Artistic Exhibitions or Showcases: The petitioner’s films have been screened at various international film festivals, including the I__ International Film Festival and the C__ Film Festival.
Criteria Not Met:
Original Contributions of Major Significance: The evidence did not sufficiently demonstrate that the petitioner’s contributions had a major impact on the field.
Leading or Critical Role: The petitioner’s roles in various projects did not sufficiently demonstrate that they were leading or critical to meet the criterion.
Key Points from the Decision
Awards and Prizes Won:
The petitioner received the National Arts Council of Zimbabwe award for his short film, which also earned him an award at the I__ International Film Festival in 2011. His feature film produced in 2017 won multiple awards and was screened at several additional festivals.
Published Materials About the Petitioner:
Numerous articles about the petitioner’s work were published in major media, discussing his films and accomplishments.
Original Contributions of Major Significance:
While the petitioner made notable contributions, the evidence did not demonstrate that these contributions had a major impact on the field.
Participation as a Judge:
The petitioner served as the head juror for a film festival, demonstrating recognition in the field.
Membership in Associations:
The document does not provide specific details on this criterion.
Authorship of Scholarly Articles:
The document does not provide specific details on this criterion.
Leading or Critical Role Performed:
The petitioner provided evidence of holding significant positions but did not sufficiently demonstrate that these roles were leading or critical to meet the criterion.
Artistic Exhibitions or Showcases:
The petitioner’s work has been displayed at various international film festivals, fulfilling this criterion.
Evidence of High Salary or Remuneration:
The document does not provide specific details on this criterion.
Commercial Successes in the Performing Arts:
The petitioner did not claim or provide evidence for this criterion.
Supporting Documentation
The petitioner submitted documents including articles, letters of recommendation, evidence of his participation in judging, and documentation of his contributions to the film industry. However, the evidence was not sufficient to demonstrate sustained national or international acclaim.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The USCIS concluded that the petitioner did not meet the necessary criteria for classification as an individual of extraordinary ability. While the petitioner met some criteria, the totality of the evidence did not demonstrate the sustained national or international acclaim required. The petitioner’s achievements, though notable, did not establish that he is among the small percentage at the top of his field.
Next Steps: The petitioner may consider gathering more substantial and detailed evidence to support his claims and ensure all filing deadlines are met in future motions or appeals. It is crucial for the petitioner to address specific legal or factual errors cited in the decision notice in any future attempts.
