Date of Decision: JUNE 8, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Stage Actor
Field: Theatre Arts
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: [Awards and Prizes]
- The petitioner had won a particular theatrical award. However, the significance of this award in establishing national or international acclaim was not sufficiently demonstrated.
Criterion 2: [Published Materials About the Petitioner]
- Local media coverage was provided, including television appearances to promote productions. However, these did not reach a national or international audience.
Criterion 3: [Participation as a Judge]
- The petitioner participated as a judge in some local theater events. This was not enough to establish widespread recognition in the field.
Criteria Not Met:
Criterion 1: [Sustained National or International Acclaim]
- The petitioner did not provide evidence that her achievements garnered sustained national or international acclaim. The provided media coverage was localized and did not show broad recognition.
Key Points from the Decision
Awards and Prizes Won:
- The petitioner cited winning a local theatrical award. However, it was noted that not every recipient of such an award achieves sustained national or international acclaim.
Published Materials About the Petitioner:
- Evidence included local TV appearances and promotions. The decision emphasized that local media coverage does not equate to national or international recognition.
Original Contributions of Major Significance:
- The petitioner did not sufficiently demonstrate that her contributions had a major impact on the field of theater arts on a national or international level.
Participation as a Judge:
- While the petitioner had some roles as a judge, these were at local events and did not establish her as an authority in the broader theater community.
Membership in Associations:
- No significant memberships in highly regarded associations that would indicate a high level of recognition were presented.
Authorship of Scholarly Articles:
- The petitioner did not provide evidence of authoring scholarly articles that gained recognition in the field.
Leading or Critical Role Performed:
- The petitioner did not demonstrate that she had performed leading or critical roles that garnered national or international acclaim.
Artistic Exhibitions or Showcases:
- There was no evidence of the petitioner’s participation in artistic exhibitions or showcases that received significant recognition.
Evidence of High Salary or Remuneration:
- The petitioner did not provide evidence of receiving a high salary or substantial remuneration indicative of extraordinary ability.
Commercial Successes in the Performing Arts:
- No evidence was provided to demonstrate significant commercial success in the performing arts.
Supporting Documentation
- Award Certificates: Provided for local theatrical awards.
- Media Coverage: Local TV interviews and appearances.
- Judging Panels: Evidence of participation as a judge in local theater events.
Conclusion
Final Determination: The motion to reopen and the motion to reconsider are both dismissed.
Reasoning:
- The petitioner did not meet the procedural requirements for a timely motion.
- The evidence provided did not establish sustained national or international acclaim necessary for EB-1 classification.
Next Steps:
- The petitioner may seek other visa options or refile with more substantial evidence demonstrating national or international acclaim.
Download the Full Petition Review Here
Cite as Matter of G-M-, ID# 20608366
JUN082022_01B2203
