Date of Decision: June 5, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Artist and Repertoire Executive
Field: Music Industry
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Original Contributions: Initially met, but upon further review, the evidence was deemed insufficient to demonstrate major significance in the field.
- Leading or Critical Role: Met, as the petitioner was acknowledged as having a critical role in a distinguished organization in the music industry.
Criteria Not Met:
- Commercial Successes in the Performing Arts: Not met. Although the petitioner claimed significant involvement in successful music acts, the evidence did not substantiate that these successes were due to her contributions.
Key Points from the Decision
Original Contributions of Major Significance:
- The appeal noted the petitioner’s claimed influence on notable music artists and their development, but found the supporting evidence insufficient to prove contributions of major significance.
Leading or Critical Role Performed:
- The decision recognized the petitioner’s role as a senior director at a significant music label, validating her critical role in the organization.
Commercial Successes in the Performing Arts:
- Discussed claims of the petitioner’s influence on high-performing music acts and sales, but concluded that the evidence provided did not link these successes directly to the petitioner’s efforts.
Supporting Documentation
- Letters from professional associates and industry executives supporting the petitioner’s role and contributions.
- Articles and media mentions of artists associated with the petitioner, lacking direct mention of her impact.
- Legal briefs and additional submissions on appeal attempting to establish the criteria.
Conclusion
Final Determination: The petitioner did not meet the required evidentiary threshold for classification as an individual with extraordinary ability in the arts. Despite claims of significant contributions to the music industry, the evidence was insufficient to establish her impact at the top level of her field.
Reasoning: The review highlighted a lack of direct, substantiated evidence linking the petitioner’s activities to major impacts in the music industry, crucial for meeting the extraordinary ability standard.
Next Steps: Given the dismissal of the appeal, further documentation or a new approach may be necessary should the petitioner choose to reapply or seek alternative visa classifications.
