Date of Decision: NOV. 21, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Stage Play Performer
Field: Theatre Arts
Nationality: China
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Awards and Prizes: The Petitioner won the I Award in 1999 for her performance in a play. This was the only criterion acknowledged by the Director.
Criteria Not Met:
Membership in Associations: The Petitioner claimed membership in the China Theatre Association (CTA) and the China Children’s Drama Society (CCDS). However, the memberships did not demonstrate that outstanding achievements were required as judged by recognized national or international experts.
Published Material About the Petitioner: The Petitioner submitted articles from 1999 and one from 2018. Most articles were about the productions she was part of, not specifically about her. The articles did not meet the criterion of being in major trade publications or major media with significant national or international distribution.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner won the I Award in 1999 for her performance in a play. This was the only award acknowledged by the Director as meeting the criteria for lesser nationally or internationally recognized prizes or awards.
Published Materials About the Petitioner:
The submitted materials included a Baidu Encyclopedia entry and letters from figures in the Chinese theater community. The Baidu entry lacked author and date, and letters are not considered published materials. Subsequent newspaper articles were either not about the Petitioner or lacked evidence of significant distribution.
Membership in Associations:
The Petitioner’s memberships in CTA and CCDS were found lacking as they did not demonstrate that outstanding achievements judged by recognized experts were required for membership.
Supporting Documentation
CTA Membership Certificate: This document was dated March 1, 2019, after the initial denial, suggesting it was created for the appeal.
Certificate of First-Class Performer: Issued by the I Municipal Board of Qualifications, but it did not establish that the board consisted of recognized experts.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The Petitioner failed to meet at least three of the ten regulatory criteria required for the EB-1 classification. The evidence provided did not establish sustained national or international acclaim, nor did it demonstrate that the Petitioner is among the small percentage at the very top of her field.
Next Steps:
The Petitioner may consider gathering more substantial evidence demonstrating national or international recognition and sustained acclaim. Consulting with an immigration attorney to strengthen the documentation for any future petitions or appeals may be beneficial.
