Date of Decision: March 13, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
- Profession: Producer and Television Host
- Field: Media and Philanthropy
- Nationality: Not specified in the document
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Published Material: The petitioner provided evidence of published material about her work in major media.
- Participation as a Judge: The petitioner demonstrated evidence of her participation as a judge of the work of others in her field of expertise.
- Leading or Critical Role:
- The petitioner served as a spokesperson and ambassador for a distinguished philanthropy foundation.
- She was instrumental in the foundation’s humanitarian efforts and in producing and hosting a children’s television show and documentaries.
- The foundation’s president and other notable figures provided letters attesting to her critical role and impact on the organization’s success.
Criteria Not Met:
- None explicitly mentioned as not met in the document.
Key Points from the Decision
Awards and Prizes Won:
- The petitioner’s television show received regional Emmy nominations and awards.
Published Materials About the Petitioner:
- Major media coverage about the petitioner’s work and impact in the field of media and philanthropy.
Original Contributions of Major Significance:
- The petitioner created content for a television show and documentaries that highlight and bring awareness to various social issues, humanitarian efforts, and the struggles of Spanish-speaking communities.
Participation as a Judge:
- The petitioner participated as a judge in her field of expertise, validating her recognition and authority in the industry.
Membership in Associations:
- Not explicitly mentioned in the document.
Authorship of Scholarly Articles:
- Not explicitly mentioned in the document.
Leading or Critical Role:
- Detailed evidence was provided showing the petitioner’s critical role in the success of a philanthropic foundation, including her leadership in humanitarian missions and media production.
Artistic Exhibitions or Showcases:
- Not explicitly mentioned in the document.
Evidence of High Salary or Remuneration:
- Not explicitly mentioned in the document.
Commercial Successes in the Performing Arts:
- The continuous airing of her television show on major channels and the success of her documentaries highlight her commercial success.
Supporting Documentation
- Letters from the foundation’s president and other key figures.
- Articles, webpages, and certificates of appreciation.
- Documentation of regional Emmy nominations and awards for the television show.
Conclusion
Final Determination: The matter is remanded for further review and entry of a new decision.
Reasoning:
- The petitioner has met the criteria for published material, participation as a judge, and leading or critical role. The Director must now conduct a final merits review to assess whether the petitioner has demonstrated sustained national or international acclaim and recognition as one of the top individuals in her field.
Next Steps:
- Conduct a final merits review of the totality of the evidence.
- Evaluate if the petitioner’s achievements have been recognized through extensive documentation.
