Date of Decision: April 13, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Theatrical Producer
Field: Performing Arts
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Published Material: The petitioner provided evidence of published materials about his work in reputable media.
Display of Work: The petitioner demonstrated that his work has been displayed in exhibitions and showcases of high regard.
Leading or Critical Role: The petitioner held leading or critical roles in distinguished organizations.
Commercial Successes: The petitioner achieved significant commercial success in the performing arts, evidenced by financial records and critical acclaim.
Criteria Not Met:
Awards: Although the petitioner won several awards, the evidence did not sufficiently demonstrate that these awards indicated sustained national or international acclaim.
Key Points from the Decision
Awards and Prizes Won:
The decision acknowledged the petitioner’s awards but did not find them sufficient to prove sustained acclaim.
Published Materials About the Petitioner:
The Director’s final merits discussion recognized the presence of published material but did not thoroughly consider it in the overall analysis.
Original Contributions of Major Significance:
Evidence of the petitioner’s original contributions was noted but not adequately weighed in the final determination.
Participation as a Judge:
Not applicable.
Membership in Associations:
The petitioner’s membership in professional associations was documented but not significantly emphasized in the final decision.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
Evidence showed that the petitioner performed leading roles in major productions, which was recognized but not fully integrated into the final merits assessment.
Artistic Exhibitions or Showcases:
The petitioner’s work being displayed in artistic showcases was acknowledged but not thoroughly analyzed in the final decision.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
The petitioner demonstrated commercial success in the performing arts, but this was not fully considered in the Director’s final analysis.
Supporting Documentation
- Published Articles: Detailed reviews and articles in notable publications.
- Financial Records: Documentation of revenue and commercial success from productions.
- Letters of Support: Testimonials from industry professionals and colleagues.
- Awards Certificates: Copies of awards and recognitions received.
- Exhibition Catalogs: Listings and reviews from exhibitions featuring the petitioner’s work.
- Professional Memberships: Documentation of memberships in performing arts associations.
Conclusion
Final Determination: The Director’s decision is withdrawn, and the case is remanded for further review and entry of a new decision.
Reasoning: The Director did not properly consider the totality of the evidence, including the petitioner’s commercial success and the impact of his work. The decision lacked a detailed discussion of all the submitted evidence.
Next Steps: The Director must conduct a new final merits determination considering all evidence, including how the petitioner’s work will substantially benefit the United States.
