EB-1 Extraordinary Ability USCIS Appeal Review – Visual Effects Artist and Animator – SEP142022_03B2203

Date of Decision: September 14, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability

Petitioner Information

Profession: Visual Effects Artist and Animator
Field: Computer Graphics, Visual Effects, and Animation
Nationality: [Not specified in the document]

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met:

1. Display at artistic exhibitions or showcases: The petitioner provided evidence that his work was displayed in artistic exhibitions or showcases.
2. High remuneration for services: The petitioner demonstrated receiving high remuneration for his services in the field of computer graphics and animation.

Criteria Not Met:

1. Lesser nationally or internationally recognized prizes or awards: The petitioner did not receive a major, internationally recognized award, nor did he provide sufficient documentation of receiving lesser recognized prizes or awards.
2. Membership in associations that require outstanding achievements: The petitioner did not meet the requirements for this criterion.
3. Leading or critical role for distinguished organizations or establishments: The petitioner’s roles were not proven to be leading or critical to the organizations or establishments.

Key Points from the Decision

Awards and Prizes Won:

• Finalist: The petitioner was a finalist but did not win the award, which does not meet the regulatory requirement for receiving the award.
• 2018 Silver Award for Craft- Cinematography: The award was given to the petitioner’s employer, not directly to the petitioner, and it was not specific to his field of computer graphics.

Published Materials About the Petitioner: Not applicable

Original Contributions of Major Significance: Not applicable

Participation as a Judge: Not applicable

Membership in Associations: The petitioner did not demonstrate membership in associations that require outstanding achievements.

Authorship of Scholarly Articles: Not applicable

Leading or Critical Role Performed:

• The petitioner’s roles in various projects were not proven to be leading or critical for any organization or establishment with a distinguished reputation.

Artistic Exhibitions or Showcases:

• The petitioner’s work was displayed in artistic exhibitions or showcases, satisfying one of the criteria.

Evidence of High Salary or Remuneration:

• The petitioner provided evidence of high remuneration for his services, meeting another criterion.

Commercial Successes in the Performing Arts: Not applicable

Supporting Documentation

1. Display at Artistic Exhibitions or Showcases: Documentation showing the petitioner’s work displayed in exhibitions.
2. High Remuneration for Services: Evidence of high salaries or payments received for the petitioner’s work in the field.

Conclusion

Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not meet the required initial evidence of either a one-time major achievement or documents that satisfy at least three of the ten lesser criteria. The petitioner’s recognition did not rise to the level required for the EB1 extraordinary ability classification.

Next Steps:
The petitioner may consider gathering additional evidence to meet the required criteria or explore other immigration pathways.

Download the Full Petition Review Here

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