Date of Decision: December 19, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Video Producer and Director
Field: Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Judging the Work of Others: The petitioner served on the jury for the 2009 Festival in , meeting the criterion under 8 C.F.R. § 204.5(h)(3)(iv).
Lesser Nationally or Internationally Recognized Prizes or Awards: The petitioner documented his receipt of a award in 2007 for his work on a music video, which meets the criterion under 8 C.F.R. § 204.5(h)(3)(i).
Criteria Not Met:
Published Material: The petitioner submitted two articles from , but only one focused on his career and accomplishments. The other primarily discussed a production company and mentioned the petitioner only once. The petitioner did not provide evidence to demonstrate that the articles appeared in a professional publication, major trade publication, or other major media, as required under 8 C.F.R. § 204.5(h)(3)(iii).
Display of Work: Although the petitioner exhibited his photography under the name , this did not demonstrate the display of his work in video direction or production. The petitioner’s field of endeavor is video direction and production, and he did not show that the display of his photographs was in this field, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(vii).
Key Points from the Decision
Awards and Prizes Won:
The petitioner documented his receipt of a award in 2007, which is recognized nationally and internationally for excellence, meeting this criterion.
Published Materials About the Petitioner:
The petitioner submitted articles, but only one focused on his career and did not demonstrate that it was published in major media or professional publications.
Original Contributions of Major Significance:
The petitioner did not provide sufficient evidence to demonstrate original contributions of major significance in the field of video direction and production.
Participation as a Judge:
The petitioner served on the jury for the 2009 Festival, meeting this criterion.
Membership in Associations:
Not applicable in this case.
Authorship of Scholarly Articles:
Not applicable in this case.
Leading or Critical Role Performed:
Not applicable in this case.
Artistic Exhibitions or Showcases:
The petitioner’s display of photographs did not demonstrate the display of his work in video direction or production.
Evidence of High Salary or Remuneration:
Not applicable in this case.
Commercial Successes in the Performing Arts:
Not applicable in this case.
Supporting Documentation
- Certificates and Awards: Documentation of the petitioner’s receipt of a award in 2007.
- Articles and Publications: Two articles from , with only one focusing on the petitioner’s career and accomplishments.
- Letters of Support: Not provided in the record.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the required criteria for EB-1 classification. Despite notable achievements, the petitioner did not establish the level of extraordinary ability required. Additionally, the petitioner did not provide sufficient evidence to demonstrate the display of his work in video direction or production.
Next Steps: The petitioner should consider reapplying with additional evidence or exploring other visa categories that may better suit his qualifications and achievements.
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