Date of Decision: August 22, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Ballet Dancer and Instructor
Field: Performing Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Display of Work at Artistic Exhibitions or Showcases:
The Petitioner demonstrated that the Beneficiary’s work has been displayed at artistic exhibitions. This includes performances at various ballet productions and events, confirming his recognition in artistic showcases.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards for Excellence:
The Beneficiary provided a letter stating he received two prizes from a ballet competition. However, there was no additional documentation, such as copies of certificates or photographs of medals or trophies. Additionally, there was no evidence supporting the national or international recognition of these prizes.
Published Material About the Petitioner:
The Petitioner submitted several materials, including interviews and reviews. However, most of these materials focused on performances by the ballet company rather than on the Beneficiary individually. Only one interview focused on the Beneficiary, but it did not qualify as a professional or major media publication.
Leading or Critical Role for Organizations with Distinguished Reputations:
The Petitioner presented letters and evidence of the Beneficiary’s roles in various ballet companies. However, these documents did not establish that he played a leading or critical role responsible for the success or standing of the organizations. While the Beneficiary performed lead dance roles, the evidence did not demonstrate that his role was critical to the organizations’ overall success.
Key Points from the Decision
Awards and Prizes Won:
The Beneficiary’s receipt of two prizes from a ballet competition was not supported by sufficient documentation to establish national or international recognition.
Published Materials About the Petitioner:
The materials provided did not meet the necessary requirements to be considered published material in major media or trade publications. They lacked key details such as the title, date, and author.
Original Contributions of Major Significance:
Not addressed in the decision, suggesting no evidence was presented for this criterion.
Participation as a Judge:
Not addressed in the decision, suggesting no evidence was presented for this criterion.
Membership in Associations:
Not addressed in the decision, suggesting no evidence was presented for this criterion.
Authorship of Scholarly Articles:
Not applicable based on the field of performing arts.
Leading or Critical Role Performed:
The evidence did not demonstrate that the Beneficiary’s roles were leading or critical in distinguished organizations, failing to meet this criterion.
Artistic Exhibitions or Showcases:
The Beneficiary’s performances at various ballet productions met this criterion.
Evidence of High Salary or Remuneration:
Not addressed in the decision, suggesting no evidence was presented for this criterion.
Commercial Successes in the Performing Arts:
Not applicable based on the field of performing arts.
Supporting Documentation
The documentation included letters from professionals, evidence of prizes, interviews, reviews, and records of performances. However, these documents did not sufficiently establish the Beneficiary’s recognition or the required acclaim.
Conclusion
Final Determination: Appeal dismissed.
Reasoning:
The Petitioner did not submit the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria listed in the regulations. The overall review of the submitted materials did not demonstrate the sustained acclaim and recognition required for the classification sought.
Next Steps:
The Petitioner may consider gathering more robust and detailed evidence to support the criteria that were not met. Ensuring that all documentation includes specific details about the significance and impact of the Beneficiary’s contributions on the field is crucial for any future submissions.
