Date of Decision: June 24, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Television Presenter and Producer
Field: Arts (Television)
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
The Director found that the Petitioner had met this criterion, but upon review, it was disagreed with and found not met.
Criteria Not Met:
Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence was not met as the evidence provided did not establish that the awards were recognized beyond the awarding entity
Documentation of the alien’s membership in associations requiring outstanding achievements was not met as provided associations did not require outstanding achievements as a membership criterion.
Published materials about the petitioner did not meet requirements as they were not in major media or lacked necessary details such as authorship.
The petitioner did not demonstrate original contributions of major significance in her field.
There was insufficient evidence of the Petitioner’s role as a judge in her field.
Key Points from the Decision
Awards and Prizes Won:
The petitioner provided evidence of various awards but failed to demonstrate that these were recognized at a national or international level or that they were significant within her professional community.
Membership in Associations:
Evidence showed the petitioner was part of multiple associations, but none required outstanding achievements of their members, which is a key criterion for this visa category.
Published Materials About the Petitioner:
Articles and materials presented did not meet the necessary criteria of being published in recognized major media with detailed verification of content and authorship.
Original Contributions of Major Significance:
The petitioner claimed to have initiated significant television programs in China, but the evidence did not substantiate these claims as contributions of “major significance.”
Supporting Documentation
Evidence included awards certificates, membership documents, articles, and letters from individuals within the television industry. However, these documents largely failed to meet the regulatory requirements for this category.
Conclusion
Final Determination: The appeal is dismissed due to failure to meet the required evidentiary criteria.
Reasoning: The petitioner did not adequately demonstrate extraordinary ability in the arts as defined by USCIS regulations and required evidentiary criteria.
Next Steps: Re-evaluation of the evidence or potential refiling with additional supporting documentation is recommended.
