Date of Decision: May 29, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Visual Effects Producer
Field: Motion Pictures
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
None of the criteria were conclusively met as the Director’s findings were not upheld on appeal.
Criteria Not Met
Membership in Associations: The Petitioner’s memberships in the Producers Guild of America (PGA) and the Doordarshan Approved Drama Artist Association (DADAA) did not meet the criteria as they were not demonstrated to be based on outstanding achievements judged by recognized national or international experts.
Original Contributions of Major Significance: The recommendation letters did not provide specific, detailed information identifying the Petitioner’s original contributions or explain their significant impact on the field.
Artistic Exhibitions or Showcases: The evidence provided did not sufficiently demonstrate that the Petitioner’s work was displayed in artistic exhibitions or showcases.
Leading or Critical Role: The Petitioner did not establish that his roles as a production coordinator, senior production coordinator, or line producer were leading or critical for the overall success of the organizations.
Commercial Successes in the Performing Arts: The self-compiled list and screenshots did not demonstrate that the Petitioner was responsible for the commercial success of the films listed.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: No evidence provided.
Published Materials About the Petitioner:
Summary of findings: No evidence provided.
Original Contributions of Major Significance:
Summary of findings: Letters praised the Petitioner’s talents but did not specify significant contributions or their impact on the field.
Participation as a Judge:
Summary of findings: No evidence provided.
Membership in Associations:
Summary of findings: Membership in PGA and DADAA was based on professional experience rather than outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
Summary of findings: No evidence provided.
Leading or Critical Role Performed:
Summary of findings: The roles held by the Petitioner were not demonstrated to be leading or critical to the organizations’ success.
Artistic Exhibitions or Showcases:
Summary of findings: The Petitioner’s work was not demonstrated to be displayed in recognized artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
Summary of findings: No evidence provided.
Commercial Successes in the Performing Arts:
Summary of findings: The evidence provided did not establish that the Petitioner was responsible for the commercial success of the films.
Supporting Documentation
Membership Evidence: Screenshots and letters did not establish the required criteria for membership based on outstanding achievements.
Recommendation Letters: Praised the Petitioner but lacked specific details on significant contributions.
Film Exhibitions and Box Office Receipts: Did not demonstrate that the Petitioner’s work was displayed or credited for commercial success.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not meet the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria. The record does not support a finding of the required acclaim and recognition for the classification sought.
Next Steps: The Petitioner must provide more substantial and specific evidence to meet the criteria for extraordinary ability classification.
