Date of Decision: September 13, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Visual Effects Artist and Animator
Field: Arts
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Leading or Critical Role:
The Petitioner asserted playing critical and leading roles in numerous productions for client companies on high-level media projects for major corporations. However, this claim was not substantiated by evidence that the roles were critical to the organizations.
Criteria Not Met:
Awards and Prizes:
The Petitioner highlighted participation in projects that won awards, such as a finalist position for a Shorty Award in the Mobile Campaign category. However, these awards did not directly relate to the Petitioner’s individual contributions or elevate the Petitioner to the top of the field.
Evidence of High Salary or Remuneration:
The Petitioner did not provide sufficient evidence of high salary or remuneration that would indicate extraordinary ability in the field.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner participated in projects that won awards, including a finalist position for a Shorty Award and a Silver Marketing Award for Craft in the Cinematography category. However, these awards were attributed to the projects and the teams involved, rather than to the Petitioner individually.
Published Materials About the Petitioner:
No significant published materials exclusively highlighting the Petitioner’s achievements were presented.
Original Contributions of Major Significance:
The evidence did not establish that the Petitioner made original contributions of major significance in the field of visual effects and animation.
Participation as a Judge:
No evidence was provided to demonstrate the Petitioner’s participation as a judge of the work of others in the same or allied field.
Membership in Associations:
The Petitioner did not demonstrate membership in associations that require outstanding achievements for their members.
Authorship of Scholarly Articles:
No scholarly articles authored by the Petitioner were presented as evidence.
Leading or Critical Role Performed:
The roles played by the Petitioner in various projects were not established as leading or critical within the organizations or their distinguished divisions.
Artistic Exhibitions or Showcases:
No evidence was provided of the Petitioner’s participation in artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
The Petitioner did not provide evidence of high salary or other significant remuneration indicative of extraordinary ability.
Commercial Successes in the Performing Arts:
The Petitioner did not demonstrate significant commercial successes in the performing arts.
Supporting Documentation
- Letters of Recommendation: Letters from clients and colleagues describing the Petitioner’s roles in various projects, but not sufficiently proving these roles were critical or leading.
- Award Certificates: Certificates and documentation related to the awards won by projects the Petitioner contributed to, without attributing these successes directly to the Petitioner.
- Project Descriptions: Descriptions of various media projects, including the Petitioner’s contributions, which were not sufficiently demonstrated as critical.
Conclusion
Final Determination: The motion to reconsider the denial of the Petitioner’s Form I-140 was dismissed.
Reasoning:
The Petitioner failed to establish eligibility for the EB1 classification by not meeting at least three of the ten criteria for extraordinary ability. The evidence did not demonstrate that the Petitioner has sustained national or international acclaim or that they are among the small percentage at the very top of their field.
Next Steps:
The Petitioner may consider gathering more substantial evidence demonstrating extraordinary ability, such as securing major internationally recognized awards, publishing scholarly articles, or providing more concrete proof of leading roles and critical contributions within distinguished organizations.
