Date of Decision: NOV. 26, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Ballroom Dance Coach
Field: Dance Coaching and Instruction
Nationality: Poland
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Judging the Work of Others: The Petitioner provided evidence that he served as an adjudicator at the 15th Annual Terrier Dancesport Competition.
- Published Material: The Director initially determined that this criterion was met, but on appeal, it was found that the published materials provided did not qualify under the regulatory criteria.
Criteria Not Met:
- Awards and Prizes: The Petitioner submitted evidence of awards received by his dance students and his own awards as a competitive ballroom dancer. However, these awards did not meet the criterion as they were not nationally or internationally recognized.
- Membership in Associations: The Petitioner claimed membership in associations that required outstanding achievements, but he did not provide sufficient evidence to meet this criterion.
- Original Contributions of Major Significance: The Petitioner presented recommendation letters and testimonials but failed to demonstrate the impact and significance of his contributions to the field of ballroom dance.
- Leading or Critical Role: The Petitioner did not provide sufficient evidence that his roles within organizations had a distinguished reputation or that his contributions were of significant importance.
Key Points from the Decision
Awards and Prizes Won:
- The Petitioner’s students won several awards; however, these did not count towards his own acclaim.
- Lack of documented evidence showing Petitioner’s receipt of recognized awards.
Published Materials About the Petitioner:
- Articles provided were about Petitioner’s students, not him.
- One article about the Petitioner did not meet the criteria for major media.
Original Contributions of Major Significance:
- Letters of support were general and lacked detailed evidence of the Petitioner’s impact on the field.
- Claims of a novel scientific approach were not sufficiently substantiated.
Participation as a Judge:
- Evidence was provided showing the Petitioner judged at a significant dance competition.
Membership in Associations:
- The Petitioner did not provide by-laws or specific criteria for membership in claimed associations.
Authorship of Scholarly Articles:
- No evidence provided.
Leading or Critical Role Performed:
- The Petitioner’s roles were acknowledged but lacked evidence of distinguished reputation and significant impact.
Artistic Exhibitions or Showcases:
- Not applicable.
Evidence of High Salary or Remuneration:
- Not applicable.
Commercial Successes in the Performing Arts:
- Not applicable.
Supporting Documentation
- Photographs of Awards and Trophies: Submitted but lacked translations and corroborating evidence.
- Reference Letters: Provided but were deemed insufficient in detail and specificity.
- Published Articles: Submitted but did not meet regulatory criteria.
- Judging Evidence: Successfully demonstrated participation as a judge.
Conclusion
Final Determination: Appeal Dismissed
Reasoning: The Petitioner did not meet the required evidentiary criteria to demonstrate extraordinary ability. The evidence provided did not establish sustained national or international acclaim or demonstrate that the Petitioner is among the small percentage at the very top of his field.
Next Steps:
- The Petitioner may consider gathering more substantial evidence that clearly meets the regulatory criteria if planning to reapply.
- Seeking professional legal advice to better understand and meet the USCIS evidentiary standards.
