Date of Decision: February 4, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability

Petitioner Information

Profession: Theater Professor
Field: Theatrical Arts
Nationality: Egyptian

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met

Participation as a Judge: The petitioner served as a judge at two theatrical festivals, indicating recognition in her field.

Authorship of Scholarly Articles: The petitioner authored a scholarly publication, showcasing her contributions to academic discourse in her field.

Artistic Display: The petitioner directed theatrical performances at festivals, fulfilling the artistic display criterion.

Criteria Not Met

Published Materials About the Petitioner: Although the petitioner was mentioned in four articles, she did not establish that they were published in major media or reflected sustained national or international acclaim.

Original Contributions of Major Significance: The letters submitted did not provide specific evidence or explanation to demonstrate the petitioner’s significant impact on her field.

Membership in Associations: The petitioner claimed membership in an association but did not show that it required outstanding achievements judged by recognized national or international experts.

Awards and Prizes Won: The petitioner provided certificates and scholarships, but these were not demonstrated as prestigious awards recognized by the field.

Key Points from the Decision

Awards and Prizes Won

The petitioner submitted certificates for contributions and service, and financial aid grants for education. However, these were not shown to be prestigious awards recognized for excellence in the field.

Published Materials About the Petitioner

The petitioner submitted articles mentioning her role and work, but they were not established as major media publications, nor did they demonstrate sustained national or international acclaim.

Original Contributions of Major Significance

The petitioner provided letters asserting her contributions were original and beneficial, but they lacked specific information and corroborating evidence to show significant impact on the field.

Participation as a Judge

The petitioner judged two theatrical festivals, but did not demonstrate that these instances placed her among the top of her field or that her judging experience was recognized by the field.

Membership in Associations

The petitioner claimed membership in an association, but did not establish that it required outstanding achievements judged by recognized experts.

Authorship of Scholarly Articles

The petitioner authored a book, but did not demonstrate that it was widely recognized, influential, or indicative of a sustained career of acclaimed work.

Artistic Exhibitions or Showcases

The petitioner directed and acted in various theatrical performances and shows, but did not provide evidence that these works brought wide praise, notable crowds, or significant influence.

Evidence of High Salary or Remuneration

The petitioner did not provide evidence of high salary or remuneration compared to others in the field.

Commercial Successes in the Performing Arts

The petitioner did not claim or provide evidence of commercial successes in the performing arts.

Supporting Documentation

  1. Judging Certificates: Documentation of judging at two theatrical festivals.
  2. Scholarly Publication: Evidence of a published book.
  3. Artistic Display: Records of directing performances at festivals.
  4. Articles Mentioning Petitioner: Four articles mentioning the petitioner’s work and role.
  5. Letters of Support: General letters asserting the petitioner’s contributions.
  6. Certificates and Scholarships: Various certificates and scholarships received by the petitioner.

Conclusion

Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not demonstrate sustained national or international acclaim or show that she is among the small percentage at the top of her field. The documentation provided did not meet the high standards required for the classification sought.
Next Steps: The petitioner may consider gathering more robust evidence of her achievements and impact, and possibly reapplying with additional documentation to meet the necessary criteria.

Download the Full Petition Review Here

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