Date of Decision: May 26, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Video Journalist
Field: Videography/Journalism
Nationality: Bangladeshi
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Lesser nationally or internationally recognized prizes or awards: The Petitioner provided evidence of receiving awards, which were accepted by the Director.
Participation as a judge of the work of others: The Petitioner provided evidence of serving on judging panels, which was accepted by the Director.
Criteria Not Met:
Membership in associations that require outstanding achievements: The Petitioner did not provide sufficient evidence to show that the associations he was a member of had strict membership criteria requiring outstanding achievements.
Published material about the individual in professional or major media: The articles provided were from narrowly targeted local newspapers and did not meet the regulatory requirements for major media.
Display at artistic exhibitions or showcases: The Petitioner’s work, while displayed in various professional settings, was not shown in artistic exhibitions or showcases as required.
Leading or critical role for distinguished organizations or establishments: The Petitioner did not establish that his roles were critical to the organizations at an organizational level, only within departments or specific projects.
High remuneration for services: The Petitioner did not provide comparative evidence showing his salary was significantly high relative to others in his field.
Commercial success in the performing arts: The Petitioner did not provide evidence such as box office receipts or sales records to demonstrate commercial success in the performing arts.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner presented evidence of receiving awards. However, while some were recognized, others were not deemed sufficient to meet the stringent criteria for extraordinary ability.
Published Materials About the Petitioner:
The Petitioner submitted articles from several publications, but they were all U.S.-based with a limited audience, published shortly before the petition filing, and lacked the necessary circulation and recognition to meet the criterion.
Original Contributions of Major Significance:
There was no specific evidence submitted under this criterion.
Participation as a Judge:
The Petitioner provided evidence of serving as a judge, which was accepted.
Membership in Associations:
The Petitioner was a member of several associations, but there was no evidence that these associations required outstanding achievements for membership.
Authorship of Scholarly Articles:
There was no specific evidence submitted under this criterion.
Leading or Critical Role:
The evidence presented did not sufficiently demonstrate that the Petitioner held a leading or critical role within distinguished organizations at an organizational level.
Artistic Exhibitions or Showcases:
The Petitioner’s work was not shown in artistic exhibitions or showcases as required by the criterion.
Evidence of High Salary or Remuneration:
The salary evidence provided did not show a significantly high remuneration in relation to others in the field.
Commercial Successes in the Performing Arts:
No evidence of commercial successes such as box office receipts or sales records was provided.
Supporting Documentation
Press Credentials: Showed the Petitioner’s roles as senior cameraman and videographer.
Letters from Associations: Described memberships but did not establish stringent membership requirements.
Articles: Published in local newspapers but did not meet major media standards.
Photographs: Documented the Petitioner’s professional engagements but did not meet the criterion for artistic exhibitions.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not meet the required evidentiary criteria to establish eligibility as an individual of extraordinary ability. The documentation provided did not demonstrate the sustained national or international acclaim necessary for the classification.
Next Steps: The Petitioner may consider gathering more robust evidence that aligns with the specific criteria outlined by the USCIS for extraordinary ability petitions. It may also be beneficial to seek advice from an immigration attorney to better understand the requirements and prepare a stronger case for future petitions.
