EB-1 Extraordinary Ability USCIS Appeal Review – Screenwriter and Story Consultant – SEP202019_01B2203

Date of Decision: September 20, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability

Petitioner Information

Profession: Screenwriter and Story Consultant
Field: Screenwriting and Story Consultancy
Nationality: Not specified

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met:

  • Artistic Display of Work: The Petitioner adapted several children’s plays produced at the Theatre for the I Festival.
  • Judging Work of Others: The Petitioner served as a judge of screenplays for the I film festival and the I screenplay competition for several years.

Criteria Not Met:

  • Published Material About the Petitioner: The articles and reviews submitted did not discuss the Petitioner’s career, background, or personal elements sufficiently to meet this criterion.
  • Original Contributions of Major Significance: The evidence provided did not establish the Petitioner’s work as having a significant impact on the field of playwriting or screenwriting.
  • Authorship of Scholarly Articles: The Petitioner did not demonstrate that her articles were published in professional or major trade publications or other major media targeted exclusively at learned persons in her field.
  • Leading or Critical Role: The roles described were not established as leading or critical within distinguished organizations, nor was it shown that these organizations had a distinguished reputation.

Key Points from the Decision

Awards and Prizes Won:

  • Summary of findings: The evidence did not establish that the Petitioner received a major, internationally recognized award.

Published Materials About the Petitioner:

  • Summary of findings: The material did not sufficiently focus on the Petitioner’s career or personal achievements.

Original Contributions of Major Significance:

  • Summary of findings: The contributions were not shown to have significantly impacted the field of screenwriting or playwriting.

Participation as a Judge:

  • Summary of findings: The Petitioner’s service as a judge was recognized but did not contribute significantly to the overall organization.

Membership in Associations:

  • Summary of findings: Not applicable.

Authorship of Scholarly Articles:

  • Summary of findings: The articles did not meet the criteria of being scholarly or published in major trade publications.

Leading or Critical Role Performed:

  • Summary of findings: The roles were not established as leading or critical, nor were the organizations shown to have distinguished reputations.

Artistic Exhibitions or Showcases:

  • Summary of findings: The Petitioner’s plays were adapted and produced but did not establish her work as a major contribution to the field.

Evidence of High Salary or Remuneration:

  • Summary of findings: Not applicable.

Commercial Successes in the Performing Arts:

  • Summary of findings: Not applicable.

Supporting Documentation

  • Theatrical Reviews: Provided reviews did not discuss the Petitioner sufficiently.
  • Letters of Reference: Letters did not establish the Petitioner’s contributions as significantly impacting the field.
  • Published Articles: Articles did not meet the scholarly criteria or target a professional audience exclusively.
  • Judging Participation: Evidence supported the Petitioner’s role as a judge but did not demonstrate significant impact.

Conclusion

Final Determination: Appeal dismissed
Reasoning:

  • The Petitioner did not establish that she received a major, internationally recognized award or met at least three of the ten evidentiary criteria required.
  • The evidence did not support the claim of sustained national or international acclaim or that the Petitioner was among the few at the top of her field.

Next Steps:

  • Recommendations or next steps for the petitioner: It is recommended that the Petitioner provide more substantial evidence of sustained national or international acclaim and a greater impact on her field if considering a future petition.

Download the Full Petition Review Here

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