EB-1 Extraordinary Ability USCIS Appeal Review – Performing Artist – MAY172024_01B2203

Date of Decision: May 17, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability

Petitioner Information

Profession: Performing Artist
Field: Film and Theater
Nationality: Not specified in the document

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Dismissed

Evidentiary Criteria Analysis

Criteria Met:

  1. Published Material About the Petitioner: The petitioner provided articles in professional and major media discussing her work.
  2. Judging the Work of Others: Evidence showed the petitioner participated as a judge at film festivals.
  3. Artistic Exhibitions or Showcases: Documentation demonstrated her work was showcased at film festivals.

Criteria Not Met:

  1. Awards or Prizes: Awards presented to films she was involved in were not proven to be nationally or internationally recognized.
  2. Leading or Critical Role: Evidence failed to demonstrate that her roles in production companies were critical to their success or involved organizations with distinguished reputations.

Key Points from the Decision

Published Material About the Petitioner:
The petitioner submitted articles from Italian media and international publications, meeting this criterion.

Judging the Work of Others:
Evidence of judging at the Burbank International Film Festival and Movievalley Bazzacinema Film Festival satisfied this requirement.

Artistic Exhibitions or Showcases:
Acting and production work displayed at film festivals satisfied this criterion.

Awards or Prizes:
Awards submitted were tied to films but lacked evidence showing that they brought national or international acclaim to the petitioner individually.

Leading or Critical Role:
While evidence showed involvement with production companies, insufficient documentation established these organizations as distinguished or her role as critical to their success.

Supporting Documentation

Media Articles: Provided articles from professional media discussing her work.
Judging Evidence: Documentation of participation as a judge in notable film festivals.
Artistic Showcases: Film festival screenings of her acting and production work.
Awards Documentation: Letters and records lacked probative value to demonstrate significance.
Leadership Evidence: Insufficient evidence of organizational distinction or critical role impact.

Conclusion

Final Determination: The appeal was dismissed.
Reasoning:
The petitioner met three evidentiary criteria but failed to establish sustained national or international acclaim. The record does not demonstrate she is among the small percentage at the very top of her field.

Download The Full Petition Review Here

Emmanuel Uwakwe
Emmanuel Uwakwe

I studied Electrical and Electronics Engineering and have a huge passion for tech related stuff :)

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