Date of Decision: February 14, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Television and Motion Picture Producer
Field: Film and Television Production
Nationality: [Not provided in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
Prizes or Awards: The petitioner did not provide evidence of major, internationally recognized awards.
Published Material: Articles provided lacked proper attribution and were considered self-promotional.
Judging: The petitioner judged individuals in unrelated fields, not aligning with the criteria.
Leading or Critical Role: The petitioner did not demonstrate the organization’s distinguished reputation.
Key Points from the Decision
Published Materials About the Petitioner:
- The petitioner submitted several articles, but these were seen as self-promotional without clear authorship, which does not meet the requirements.
Participation as a Judge:
- The petitioner’s claim based on judging at a talent festival was rejected as it did not pertain to their field of expertise.
Leading or Critical Role Performed:
- The petitioner’s role as a producer did not demonstrate the distinguished reputation of the organization he worked for.
Supporting Documentation
- Published Articles: Rejected due to lack of authorship and being self-promotional.
- Judging Evidence: Not applicable to the petitioner’s field.
- Leading Role Evidence: Lacked proof of the organization’s distinguished reputation.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the initial evidence requirement of three criteria under 8 C.F.R. § 204.5(h)(3). There was insufficient evidence of sustained national or international acclaim or a career of acclaimed work in the field.
Next Steps: The petitioner may consider gathering more robust evidence that clearly meets the regulatory criteria or explore other visa classifications that might be more suitable for their situation.
