Date of Decision: March 2, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Playwright
Field: Performing Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought:
The petitioner has submitted sufficient evidence, including material from [publication details redacted for privacy].
Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation:
The petitioner provided evidence of starring roles in critically acclaimed shows performed at distinguished festivals.
Criteria Not Met:
Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor:
The petitioner did not meet the requirements of this criterion. On appeal, the petitioner asserted that certain awards met this criterion, but the evidence provided did not demonstrate receipt of the actual awards or national/international recognition.
Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field:
The petitioner did not contest the director’s findings for this criterion on appeal.
Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media:
The petitioner provided two plays published in books but did not demonstrate that these plays constitute scholarly articles in major media.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings:
The petitioner did not provide sufficient evidence to meet the criterion of receiving lesser nationally or internationally recognized prizes or awards for excellence in the field.
Published Materials About the Petitioner:
Summary of findings:
The petitioner provided sufficient evidence of published material about his work in professional or major trade publications.
Original Contributions of Major Significance:
Summary of findings:
The petitioner did not provide sufficient evidence to meet the criterion of making original contributions of major significance in the field.
Participation as a Judge:
Summary of findings:
No evidence provided to meet this criterion.
Membership in Associations:
Summary of findings:
No evidence provided to meet this criterion.
Authorship of scholarly articles:
Summary of findings:
The petitioner did not provide sufficient evidence to meet the criterion of authorship of scholarly articles in major media.
Leading or critical role performed:
Summary of findings:
The petitioner provided evidence of performing in a leading role for distinguished organizations.
Artistic Exhibitions or Showcases:
Summary of findings:
No evidence provided to meet this criterion.
Evidence of High Salary or Remuneration:
Summary of findings:
No evidence provided to meet this criterion.
Commercial successes in the Performing Arts:
Summary of findings:
No evidence provided to meet this criterion.
Supporting Documentation
- Award Nominations: Evidence of nominations but not actual receipt of awards.
- Published Articles: Articles published in professional or major trade publications.
- Leading Roles: Documentation of leading roles in distinguished organizations.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The petitioner did not meet the initial evidence requirements of demonstrating sustained national or international acclaim and recognition in the field. Specifically, the petitioner did not provide qualifying evidence under at least three of the ten regulatory criteria.
Next Steps:
Petitioner may file a motion to reconsider or a motion to reopen if there are new facts for consideration or if there was an incorrect application of law or policy.
Download the Full Petition Review Here.
