Date of Decision: November 27, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Music Composer
Field: Music Composition (Film, Television, Theater, Video Games)
Nationality: Turkey
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- High Salary or Other Significantly High Remuneration: The petitioner provided evidence of his high income in 2017, along with favorable comparative salary data for his occupation and geographic area.
Criteria Not Met:
- Lesser Nationally or Internationally Recognized Prizes or Awards for Excellence: The petitioner received an award for Best Soundtrack (Score) at the International Film Festival and several music composition awards in Turkey. However, the initial review did not consider these adequately.
- Published Material About the Petitioner: The petitioner submitted articles about his work in major Turkish media outlets, such as Hurriyet newspaper. The initial review failed to recognize these articles properly.
- Leading or Critical Role for Organizations or Establishments with Distinguished Reputation: The petitioner provided letters attesting to his leading roles in various film and television projects, which were not adequately considered.
Key Points from the Decision
Awards and Prizes Won:
- The petitioner won the Best Soundtrack (Score) award at the International Film Festival and several music composition awards in Turkey. The director initially failed to acknowledge these adequately, resulting in remanding the case for further analysis.
Published Materials About the Petitioner:
- The petitioner submitted over 30 exhibits of articles from major media outlets in Turkey, including Hurriyet newspaper, which were about his work. These were not properly analyzed in the initial decision.
Leading or Critical Role:
- The petitioner provided letters from representatives of companies he worked for, confirming his leading or critical role in their projects. The initial review did not fully consider these letters.
Supporting Documentation
- Evidence of High Salary: Documentation of income received in 2017 and comparative salary data.
- Awards Documentation: Proof of awards won at various film festivals and music composition awards in Turkey.
- Published Articles: Over 30 articles from major Turkish media outlets about the petitioner and his work.
- Letters of Recommendation: Letters from project representatives confirming the petitioner’s leading roles.
Conclusion
Final Determination: The decision of the Director was withdrawn, and the case was remanded for a new decision.
Reasoning: The Director’s decision lacked a detailed analysis of the evidence submitted. The appeal pointed out the need for a thorough review of the awards, published material, and letters provided.
Next Steps: The Director is to re-examine all evidence and provide a new decision consistent with a detailed analysis.
