Date of Decision: April 26, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Television Producer
Field: Education
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge:
The petitioner provided evidence of serving as a juror for competitions in 2010 and 2011. This demonstrates participation as a judge of the work of others in the same field.
Criteria Not Met:
Membership in Associations:
The petitioner claimed membership in an association requiring outstanding achievements of its members. However, the provided documentation indicated that being selected as a juror was based on professional experience rather than outstanding achievements.
Published Material:
The petitioner submitted articles and press releases, but they did not establish that the publications are major media or professional trade publications. The evidence also lacked proper translations and circulation data.
Leading or Critical Role:
The petitioner claimed to have performed critical roles in various organizations. However, the provided evidence did not sufficiently detail the duties or demonstrate how these roles significantly impacted the organizations.
Commercial Successes:
The petitioner asserted commercial success through contracts and infrastructure investments. However, the evidence did not demonstrate how these resulted in commercial success, nor did it meet the requirement of showing box office receipts or video sales.
Key Points from the Decision
Awards and Prizes Won:
Not applicable based on the provided evidence.
Published Materials About the Petitioner:
The petitioner submitted articles and press releases, but they did not qualify as major media or professional trade publications. The evidence lacked proper documentation and translations.
Original Contributions of Major Significance:
Not applicable based on the provided evidence.
Participation as a Judge:
The petitioner met the criterion by serving as a juror for competitions in 2010 and 2011.
Membership in Associations:
The petitioner did not meet the criterion as the selection as a juror was based on experience rather than outstanding achievements.
Authorship of Scholarly Articles:
Not applicable based on the provided evidence.
Leading or Critical Role Performed:
The petitioner did not provide sufficient evidence to demonstrate significant impact in the claimed roles.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable based on the provided evidence.
Commercial Successes in the Performing Arts:
The petitioner did not meet the criterion as the provided evidence did not demonstrate commercial success through box office receipts or video sales.
Supporting Documentation
The petitioner provided several pieces of evidence, including:
- Articles and press releases highlighting the petitioner’s roles and achievements.
- Letters from officials and peers discussing contributions.
- Documentation of awards and certificates.
- Photographs and summaries of participation in competitions.
Conclusion
Final Determination:
The appeal is dismissed.
Reasoning:
The petitioner did not submit sufficient evidence to meet the initial criteria required for EB1 Extraordinary Ability classification. Although the petitioner met one criterion, the evidence did not demonstrate a major contribution in the field of education. Consequently, the petitioner failed to establish the level of expertise required for the classification sought.
Next Steps:
The petitioner may consider consulting with new legal counsel to explore any further options for appeal or other immigration benefits for which he may be eligible.
