Date of Decision: February 17, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Visual Effects Artist and Animator
Field: Animation and Visual Effects
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Lesser nationally or internationally recognized prizes or awards for excellence: The Petitioner submitted evidence of being a finalist in the Annual Shorty Awards and receiving a Silver award in the 2018 Marketing Awards. Both awards were granted for excellence in the field of animation and visual effects.
Display of the alien’s work in the field at artistic exhibitions or showcases: The Petitioner’s work on advertising campaigns for well-known brands was displayed on television and other video media, which qualifies as artistic exhibitions.
High salary or other significantly high remuneration for services: The Petitioner provided IRS Forms W-2, earnings statements, and letters from an employer demonstrating a high salary compared to others in the field of animation and visual effects.
Criteria Not Met:
Receipt of a major, internationally recognized award: The Petitioner did not claim or establish receipt of such an award.
Evidence of published material about the alien in professional or major trade publications: Not addressed in the decision.
Evidence of original contributions of major significance: Not addressed in the decision.
Participation as a judge of the work of others: Not addressed in the decision.
Membership in associations in the field which require outstanding achievements: Not addressed in the decision.
Authorship of scholarly articles: Not addressed in the decision.
Leading or critical role in distinguished organizations: Not addressed in the decision.
Commercial successes in the performing arts: Not addressed in the decision.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner submitted evidence of receiving lesser nationally or internationally recognized awards, specifically being a finalist in the Annual Shorty Awards and receiving a Silver award in the 2018 Marketing Awards.
Published Materials About the Petitioner:
Not discussed in the decision.
Original Contributions of Major Significance:
Not discussed in the decision.
Participation as a Judge:
Not discussed in the decision.
Membership in Associations:
Not discussed in the decision.
Authorship of Scholarly Articles:
Not discussed in the decision.
Leading or Critical Role Performed:
Not discussed in the decision.
Artistic Exhibitions or Showcases:
The Petitioner’s work in advertising campaigns displayed on television and other media qualified as artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
The Petitioner provided substantial evidence of a high salary through IRS Forms W-2, earnings statements, and letters from an employer, demonstrating his remuneration was significantly higher than others in his field.
Commercial Successes in the Performing Arts:
Not discussed in the decision.
Supporting Documentation
Annual Shorty Awards Finalist Certificate: Demonstrates recognition in the field of animation and visual effects.
2018 Marketing Awards Silver Certificate: Further evidence of recognition and excellence.
IRS Forms W-2 and Earnings Statements: Provide evidence of high remuneration.
Employer Letters: Support the claim of high salary and professional excellence.
Conclusion
Final Determination: The initial denial decision was withdrawn, and the case was remanded for a new decision.
Reasoning: The Director did not properly apply the criteria for assessing the Petitioner’s evidence and failed to consider some of the evidence provided. The Petitioner demonstrated that he met at least three of the required criteria for extraordinary ability.
Next Steps:
The Director must reevaluate the evidence, especially concerning awards and remuneration.
Conduct a final merits determination to assess whether the Petitioner shows sustained national or international acclaim and is among the small percentage at the top of his field.
Issue a new decision based on the comprehensive review and analysis of the provided evidence.
