Date of Decision: March 16, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Sound Designer and Editor
Field: Sound Design and Editing
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None of the criteria were met according to the USCIS analysis.
Criteria Not Met:
Lesser nationally or internationally recognized prizes or awards:
The petitioner claimed awards such as the IA Award and the IA Award, but could not establish their national or international recognition for excellence in his field.
Membership in associations:
The petitioner claimed membership in the Motion Picture Sound Editors (MPSE), but did not demonstrate that the membership required outstanding achievements judged by recognized national or international experts.
Published material about the petitioner:
The petitioner submitted articles from various online sources, but failed to establish the significance of these publications as major trade or professional publications or other major media.
Participation as a judge:
The petitioner claimed to have served as a judge for the MPSE Awards, but did not provide sufficient evidence of actual participation or detailed information about the judging process.
High salary or other significantly high remuneration:
The petitioner did not adequately compare his salary to those in equivalent supervisory positions in the field.
Key Points from the Decision
Awards and Prizes Won:
The petitioner failed to establish that the IA and IA Awards were recognized for excellence in the sound design and editing field.
Published Materials About the Petitioner:
The petitioner provided articles from various online sources, but these did not meet the criteria for major media or professional publications.
Participation as a Judge:
The petitioner did not provide sufficient evidence of actual participation as a judge in relevant panels.
Membership in Associations:
The petitioner’s membership in MPSE was not shown to be based on outstanding achievements judged by recognized experts.
Evidence of High Salary or Remuneration:
The petitioner did not provide a valid comparison of his salary to those of supervisory sound designers and editors.
Supporting Documentation
- Awards Documentation: Screenshots and descriptions of IA and IA Awards
- Membership Documentation: Screenshots from MPSE website, letters from MPSE members
- Published Materials Documentation: Articles from indianexpress.com, newindianexpress.com, firstpost.com, rediff.com, and thehindu.com
- Judging Participation Documentation: Letters from MPSE members
- Salary Documentation: Pay stubs, W-2 forms, salary comparisons from various websites
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not satisfy the required criteria for extraordinary ability. Despite claiming eligibility under several criteria, the evidence presented did not meet the stringent standards required for EB-1 classification.
Next Steps: The petitioner may consider submitting additional or stronger evidence if reapplying or pursuing other visa classifications.
Download the Full Petition Review Here
Cite as Matter of G-M-, ID# 19843251
Document: MAR162022_01B2203
