Date of Decision: MAY 15, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Artist
Field: Music
Nationality: Pakistan
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Judging: The petitioner has served as a judge of the work of others in the same or an allied field of specialization. The evidence showed that the petitioner participated as a judge in multiple events which were acknowledged by peers in the field.
Artistic Display: The petitioner had artistic displays of his work in exhibitions and showcases, indicating recognition of his talent and contributions to the field.
Criteria Not Met:
Awards and Prizes: The petitioner did not meet the criterion for receiving lesser nationally or internationally recognized prizes or awards for excellence. The awards presented, such as “Best of Pakistan,” lacked sufficient evidence of national or international recognition.
Key Points from the Decision
Awards and Prizes Won:
The petitioner submitted awards such as “Best of Pakistan” from a music network. However, the supporting evidence failed to demonstrate that these awards were nationally or internationally recognized for excellence in the field.
Published Materials About the Petitioner:
There was no sufficient evidence provided regarding published materials about the petitioner in professional or major trade publications or other major media.
Original Contributions of Major Significance:
The petitioner did not submit enough evidence to support claims of original contributions of major significance in the field of music.
Participation as a Judge:
The petitioner provided documentation of judging the work of others in the field. However, the documentation lacked detailed evidence to meet the criterion comprehensively.
Membership in Associations:
No evidence was submitted regarding membership in associations that require outstanding achievements for membership.
Authorship of Scholarly Articles:
The petitioner did not provide evidence of authorship of scholarly articles in professional or major trade publications.
Leading or Critical Role Performed:
The petitioner did not demonstrate having played a leading or critical role for organizations or establishments with a distinguished reputation.
Artistic Exhibitions or Showcases:
The petitioner presented some evidence of artistic exhibitions and showcases, but it was insufficient to fully satisfy the criterion.
Evidence of High Salary or Remuneration:
No evidence was provided to establish that the petitioner commanded a high salary or other significantly high remuneration in relation to others in the field.
Commercial Successes in the Performing Arts:
The petitioner did not provide adequate evidence of commercial successes in the performing arts.
Supporting Documentation
- Judging Evidence: Letters and certificates from events where the petitioner served as a judge.
- Artistic Display Evidence: Flyers, programs, and photographs from exhibitions and showcases.
- Award Evidence: Letters and announcements related to the “Best of Pakistan” award, with viewership data and background information about the award.
Conclusion
Final Determination: Denied
Reasoning: The petitioner did not meet the burden of proof to demonstrate eligibility for the EB-1 classification as an individual of extraordinary ability. The evidence provided was insufficient to meet the required criteria comprehensively.
Next Steps: It is recommended that the petitioner gather more robust and detailed evidence that clearly demonstrates national or international recognition, major contributions to the field, and other criteria specified under the EB-1 category.
Download the Full Petition Review Here
