Date of Decision: June 4, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Television Producer
Field: Television Production
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published Materials About the Petitioner: The petitioner provided an interview published in The Beijing News and other articles in major media publications, establishing eligibility for the published material criterion at 8 C.F.R. § 204.5(h)(3)(iii).
Participation as a Judge: The petitioner served on the judging committee for the 2017 awards, satisfying the criterion at 8 C.F.R. § 204.5(h)(3)(iv).
Authorship of Scholarly Articles: The petitioner published articles in professional publications like China Television and Contemporary TV, meeting the criterion at 8 C.F.R. § 204.5(h)(3)(vi).
Criteria Not Met:
Membership in Associations: The petitioner provided evidence of membership in the China Television Artists’ Association but did not demonstrate how this membership indicates that he has risen to the top of his field.
Leading or Critical Role: Inconsistencies in documentation regarding his roles at different companies were not resolved, and there was insufficient evidence to show that his roles garnered national or international acclaim.
Commercial Success in the Performing Arts: Although the petitioner provided evidence of the commercial success of a television series, he did not offer evidence demonstrating that he was recognized in the field for this success.
Key Points from the Decision
Published Materials About the Petitioner
The petitioner provided an interview in The Beijing News and other articles from major media. However, the seven articles over a 15-year career were not consistent with the sustained national or international acclaim necessary for the classification.
Participation as a Judge
The petitioner judged the 2017 awards, but this single instance did not indicate sustained national or international acclaim.
Authorship of Scholarly Articles
The petitioner published articles in professional publications and provided download statistics. However, the significance of the downloads was not demonstrated.
Membership in Associations
Evidence of membership in the China Television Artists’ Association was provided, but it did not show that the petitioner had risen to the very top of his field.
Leading or Critical Role Performed
Inconsistent documentation regarding the petitioner’s roles at different companies was not resolved. The petitioner did not provide evidence showing national or international acclaim for his roles.
Commercial Success in the Performing Arts
The petitioner provided evidence of the commercial success of a television series, but there was no evidence demonstrating recognition in the field for this success.
Supporting Documentation
Published Materials: Interview and articles in major media.
Judging: Invitation and certificate of appreciation for judging.
Scholarly Articles: Published articles and download statistics.
Memberships: Membership card and bylaws of the China Television Artists’ Association.
Roles: Certificates of critical roles from companies.
Commercial Success: Letters and sales figures for television series.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The petitioner did not provide sufficient evidence to meet at least three of the ten criteria required for classification as an individual of extraordinary ability.
The petitioner demonstrated some recognition and success in his field but did not establish the sustained national or international acclaim necessary for the EB1 classification.
Next Steps:
Consider gathering more substantial and relevant evidence to support the criteria not met.
Seek further guidance or legal advice on potential reapplication or other visa classifications that may be more appropriate for the petitioner’s qualifications and achievements.
