Date of Decision: June 16, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Television Host
Field: Television Hosting
Nationality: Venezuelan
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded for a new decision
Evidentiary Criteria Analysis
Criteria Met:
Lesser Nationally or Internationally Recognized Awards or Prizes: The Petitioner demonstrated receipt of two regional awards that were initially deemed sufficient to meet this criterion.
Published Materials in Major Media: The Petitioner provided evidence of consistent media coverage from 2009 to 2019, which was recognized but not fully considered in the final decision.
Judging the Work of Others in an Allied Field: The Petitioner served as a judge for a significant pageant, meeting this criterion.
Criteria Not Met:
Leading or Critical Roles with Organizations of Distinguished Reputation: The evidence provided did not sufficiently establish the Petitioner’s roles as leading or critical within distinguished organizations.
Commercial Success in the Performing Arts: The Petitioner did not provide adequate evidence to meet this criterion.
Display of Work at Artistic Exhibitions or Showcases: This criterion was claimed but not addressed in the Director’s decision.
Key Points from the Decision
Awards and Prizes Won: The Petitioner received two regional awards, which were recognized as satisfying the criterion for lesser nationally or internationally recognized awards or prizes.
Published Materials About the Petitioner: The Petitioner provided evidence of media coverage spanning a decade, but this evidence was not fully weighed in the final merits determination.
Original Contributions of Major Significance: This criterion was not claimed or evidenced by the Petitioner.
Participation as a Judge: The Petitioner served as a judge for a pageant, which was recognized as meeting the relevant criterion.
Membership in Associations: Not addressed in the decision.
Authorship of Scholarly Articles: Not addressed in the decision.
Leading or Critical Role Performed: The evidence did not demonstrate the Petitioner’s roles as leading or critical in distinguished organizations.
Artistic Exhibitions or Showcases: The Director did not address this criterion in the final decision.
Evidence of High Salary or Remuneration: Not addressed in the decision.
Commercial Successes in the Performing Arts: The Petitioner did not meet this criterion.
Supporting Documentation
Regional Awards: Evidence of two regional awards was submitted and initially deemed sufficient.
Media Coverage: Evidence of media coverage from 2009 to 2019 was provided but not fully considered in the final determination.
Judging Activities: Documentation of judging activities at a significant pageant was included and recognized.
Conclusion
Final Determination: The decision of the Director was withdrawn, and the case was remanded for further review.
Reasoning:
The Director’s decision did not adequately explain the reasons for denial and failed to conduct a comprehensive final merits determination, considering all submitted evidence in totality. The Petitioner successfully met at least three criteria, warranting a re-evaluation of the entire record to determine if the Petitioner possesses the sustained national or international acclaim required for EB1 classification.
Next Steps:
The Director will re-evaluate the evidence provided, including any additional evidence submitted on appeal. The new decision should include a thorough analysis of the totality of the record to determine if the Petitioner has demonstrated sustained national or international acclaim and if they are among the small percentage at the top of their field. If the new decision is adverse, it shall be certified for further review.
