Date of Decision: March 20, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Film Industry
Petitioner Information
Profession: Content Creator and Producer
Field: Film Industry
Nationality: Not provided
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Documentation of Exceptional Ability: The petitioner failed to meet the required criteria, only satisfying one of the six necessary categories.
Criteria Not Met:
- Exceptional Ability across Multiple Criteria: The petitioner did not demonstrate exceptional ability in sufficient categories, meeting only one of the six specified criteria.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to work in the U.S. as a content creator and producer in the film industry, an area where she claims to have exceptional ability.
Substantial Merit and National Importance:
Despite acknowledging the petitioner’s contributions to the film industry, the appeal decision emphasized that she did not demonstrate a degree of expertise significantly above that ordinarily encountered in the field.
Supporting Evidence
The decision primarily focused on the petitioner’s failure to sufficiently prove her exceptional ability in the field of film, noting that the documentation provided did not meet the stringent criteria set forth for an EB-2 classification.
Inconsistencies in Proposed Endeavor
The AAO did not find major inconsistencies in the petitioner’s proposed endeavor but dismissed the appeal based on insufficient evidence of exceptional ability.
Supporting Documentation
Documentation Reviewed:
The USCIS reviewed various forms of documentation but concluded that the petitioner only satisfied one criterion under the exceptional ability category, which was insufficient for approval.
Conclusion
The final determination was to dismiss the appeal, as the petitioner did not meet the required evidence threshold for exceptional ability under the EB-2 classification. The USCIS upheld the initial denial, emphasizing the need for a higher standard of proof in such cases.
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