Date of Decision: December 28, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Field of Expertise: Theater
Petitioner Information
Profession: Stage Actor
Field: Theater
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: The Petitioner met this criterion by demonstrating receipt of several awards from the Association of Latin Entertainment Critics and the Hispanic Organization of Latin Actors, satisfying the criterion under 8 C.F.R. § 204.5(h)(3)(i).
Published Material: The Petitioner provided sufficient evidence of published material about her in professional or major media, satisfying the criterion under 8 C.F.R. § 204.5(h)(3)(iii).
Participation as a Judge: The Petitioner participated as a judge at the Festival, satisfying the criterion under 8 C.F.R. § 204.5(h)(3)(iv).
Criteria Not Met:
Display at Artistic Exhibitions or Showcases: The Petitioner claimed this criterion by demonstrating participation in artistic exhibitions and showcases. However, the evidence provided did not establish that her work was displayed at artistic exhibitions or showcases of a caliber that would satisfy the criterion under 8 C.F.R. § 204.5(h)(3)(vii).
Leading or Critical Role: The Petitioner claimed this criterion by demonstrating her roles within distinguished organizations. However, the evidence provided did not establish her roles as leading or critical in distinguished organizations, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(viii).
Key Points from the Decision
Awards and Prizes Won:
The Petitioner demonstrated receipt of awards from the Association of Latin Entertainment Critics and the Hispanic Organization of Latin Actors, satisfying this criterion.
Published Materials About the Petitioner:
The Petitioner provided articles in major media discussing her work, satisfying this criterion.
Original Contributions of Major Significance:
The Petitioner’s contributions were not demonstrated to have major significance in the field.
Participation as a Judge:
The Petitioner participated as a judge in professional settings, meeting this criterion.
Membership in Associations:
The Petitioner did not establish that her memberships required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
The Petitioner did not establish her roles as leading or critical in distinguished organizations.
Artistic Exhibitions or Showcases:
The Petitioner’s work was not established as displayed at artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The Petitioner provided various supporting documents, including letters of recommendation, articles, and evidence of awards. However, these did not collectively establish the required criteria for extraordinary ability.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not demonstrate that she met at least three of the ten initial evidentiary criteria for extraordinary ability. While the Petitioner satisfied the criteria for lesser nationally or internationally recognized prizes or awards, published material, and participation as a judge, the evidence provided did not establish her display at artistic exhibitions or showcases or her roles as leading or critical in distinguished organizations. The totality of the evidence did not support a finding of sustained national or international acclaim or that the Petitioner is among the small percentage at the very top of her field.
Next Steps: The Petitioner may consider submitting additional evidence that clearly establishes the major significance of her contributions or explore other immigration options that may better fit her qualifications.
