Date of Decision: APR. 9, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Performing Artist and Actor
Field: Arts
Nationality: Italy
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Published Material: The petitioner was recognized for participating in productions that received media coverage, although not directly attributed to him.
- Participation as a Judge: The petitioner served as a judge at an independent film festival.
- Artistic Exhibitions or Showcases: He performed in theaters and festivals which qualifies under artistic display.
Criteria Not Met:
- Lesser Nationally or Internationally Recognized Prizes/Awards: The petitioner was involved in award-winning productions, but the awards were not granted to him personally, which does not meet the USCIS criteria.
Key Points from the Decision
Published Materials About the Petitioner:
The petitioner presented articles and online content about his performances. However, the articles did not meet the criteria as they lacked author names and did not focus solely on the petitioner’s contributions.
Original Contributions of Major Significance:
No significant contributions were evidenced that would fulfill the stringent requirements of the USCIS for extraordinary ability classification.
Participation as a Judge:
He participated as a judge which was considered, but this alone was not sufficient to overturn the initial denial.
Artistic Exhibitions or Showcases:
He demonstrated involvement in artistic displays through his performances, which was acknowledged but not deemed sufficient for extraordinary ability status.
Supporting Documentation
- Appeal Brief and Documentation: Further documentation to substantiate claims of fulfilling additional criteria for extraordinary ability.
- Screenshots and Articles: Various articles and web screenshots intended to demonstrate media recognition, though they failed to meet regulatory standards.
Conclusion
Final Determination: The appeal was dismissed, and the initial denial upheld. The petitioner did not meet the required evidence standard to classify as an individual of extraordinary ability under EB-1.
Reasoning: The evidence did not sufficiently prove that the petitioner is at the top of his field nationally or internationally.
Next Steps: It is recommended for the petitioner to gather more direct and substantial evidence of individual achievements and recognitions in the arts.
