Date of Decision: March 26, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Theater Actor, Producer, and Translator
Field: Arts
Nationality: Italy
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge:
The Beneficiary judged the work of others in her role as the executive producer of the theater company, selecting the top six plays from which the winner of a competition would be chosen.
Artistic Display:
The Beneficiary performed as an actor in various plays and theatrical festivals.
Leading or Critical Role:
The Beneficiary served as a literary and production director, a literary translator, and a leading actor in many of the Petitioner’s productions.
Criteria Not Met:
Published Material:
The provided publications did not comply with translation certification requirements, and the content did not demonstrate the required national or international acclaim.
Original Contributions of Major Significance:
The evidence did not show that the Beneficiary’s contributions were widely recognized as significant in her field.
Others:
The remaining criteria (such as evidence of high salary, awards, and memberships in associations) were not sufficiently addressed in the evidence presented.
Key Points from the Decision
Awards and Prizes Won:
There was no evidence of major, internationally recognized awards that would satisfy the one-time achievement criterion.
Published Materials About the Petitioner:
While several articles and publications mentioned the Beneficiary, they primarily highlighted the theater company’s activities rather than demonstrating the Beneficiary’s individual acclaim.
Original Contributions of Major Significance:
The Petitioner did not provide sufficient evidence to show that the Beneficiary’s work had a major impact in her field.
Participation as a Judge:
The evidence showed that the Beneficiary participated in selecting plays for a competition but did not demonstrate that this role garnered significant acclaim.
Membership in Associations:
There was no evidence presented that the Beneficiary was a member of associations that recognize extraordinary ability.
Authorship of Scholarly Articles:
No scholarly articles authored by the Beneficiary were presented as evidence.
Leading or Critical Role Performed:
While the Beneficiary held a critical role within the Petitioner’s organization, the evidence did not show that this role brought her significant recognition.
Artistic Exhibitions or Showcases:
The Beneficiary’s performances were not shown to have received widespread acclaim.
Evidence of High Salary or Remuneration:
There was no evidence provided to support claims of high salary or remuneration as indicative of extraordinary ability.
Commercial Successes in the Performing Arts:
The evidence did not establish that the Beneficiary had commercial successes in her performances that would demonstrate her extraordinary ability.
Supporting Documentation
- Letters from Colleagues and Experts: Various letters attested to the Beneficiary’s skills and contributions but did not provide evidence of national or international acclaim.
- Publications: Included articles and interviews but lacked proper translations and did not show widespread recognition of the Beneficiary.
- Performance Records: Showed participation in numerous plays but did not demonstrate that these performances were critically acclaimed or widely recognized.
Conclusion
Final Determination:
The appeal was dismissed.
Reasoning:
The evidence provided did not meet the stringent requirements for demonstrating extraordinary ability. The Petitioner did not show that the Beneficiary had achieved sustained national or international acclaim or that she was among the small percentage at the very top of her field.
Next Steps:
Recommendations or next steps for the petitioner were not specified in the decision.
