Date of Decision: April 03, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
- Profession: Videographer
- Field: Television and Film Production
- Nationality: Not specifically mentioned, but previously worked in China
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Participation as a Judge: The petitioner has participated as a judge of the work of others in her field, satisfying one of the evidentiary criteria.
- Published Material About the Petitioner: Evidence included articles in major trade publications and major media, like ICG Magazine and World Journal, recognizing the petitioner’s contributions and achievements in the field.
- Artistic Exhibitions or Showcases: The petitioner’s work has been displayed at various film festivals, validating her claim under this criterion.
Criteria Not Met:
- Receipt of Lesser Nationally or Internationally Recognized Prizes or Awards for Excellence: The petitioner did not address the denial of this criterion on appeal, effectively waiving her claim.
Key Points from the Decision
Published Materials About the Petitioner:
- The petitioner’s transition from China and her significant work in various productions were highlighted in ICG Magazine and World Journal, emphasizing her influence and recognition in the industry.
Original Contributions of Major Significance:
- The petitioner’s work in various productions and her display at film festivals were considered significant contributions to her field.
Artistic Exhibitions or Showcases:
- Her independent projects were showcased in multiple film festivals, which stands as a testament to her artistic capabilities and the industry’s acknowledgment of her talent.
Supporting Documentation
- The appeal included evidence from recognized publications and letters from industry professionals, which collectively supported the petitioner’s claims of extraordinary ability in her field.
Conclusion
Final Determination:
- The case was remanded for a new decision, indicating that while the petitioner has successfully demonstrated her extraordinary ability in three of the ten criteria, a final merits review is required to conclusively determine her eligibility under the EB1 category.
Reasoning:
- The appeal successfully addressed some of the factual errors and oversight in the initial review, especially concerning the petitioner’s contributions and recognition in the field.
Next Steps:
- On remand, the Director is to conduct a comprehensive review of all evidence, reassessing the totality of the petitioner’s contributions and recognition to finalize the eligibility determination under the EB1 extraordinary ability category.
This decision exemplifies the complexity and meticulous nature of immigration petitions for extraordinary ability, highlighting the importance of detailed documentation and strategic response to USCIS queries and decisions.
