Date of Decision: March 3, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Ballroom Dancer and Coach
Field: Ballroom Dancing
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- None: The initial determination found that the petitioner did not satisfy any of the necessary criteria. Upon appeal, it was determined that none of the criteria were sufficiently met.
Criteria Not Met:
- Lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor: The petitioner did not provide sufficient evidence to demonstrate that the awards received were nationally or internationally recognized for excellence.
- Published material about the alien in professional or major trade publications or other major media: The petitioner’s evidence did not meet the requirements for this criterion. Screenshots of video clips, images, and permalinks from YouTube did not constitute published material about the petitioner relating to their work in the field.
Key Points from the Decision
Awards and Prizes Won:
The petitioner claimed placements in 14 international competitions and 17 national competitions in the U.S. but did not provide sufficient evidence of these placements or the recognition of these awards.
Published Materials About the Petitioner:
The petitioner provided screenshots and search results from YouTube and Google, claiming that these met the criterion for published material. However, without detailed content or evidence of the publication’s recognition, this criterion was not satisfied.
Original Contributions of Major Significance:
Not applicable in this case.
Participation as a Judge:
Not applicable in this case.
Membership in Associations:
Not applicable in this case.
Authorship of Scholarly Articles:
Not applicable in this case.
Leading or Critical Role Performed:
The petitioner claimed eligibility under this criterion on appeal, but the initial evidentiary requirement of three criteria was not met, so this was not further assessed.
Artistic Exhibitions or Showcases:
Not applicable in this case.
Evidence of High Salary or Remuneration:
Not applicable in this case.
Commercial Successes in the Performing Arts:
Not applicable in this case.
Supporting Documentation
Certificates and Medals: Provided but lacked evidence of recognition or significance. NDCA Documentation: Included background, rules, and regulations, but did not establish evidence of awards or significant recognition.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner did not demonstrate eligibility for the EB1 extraordinary ability classification. The evidence provided did not meet the required criteria for sustained national or international acclaim or recognition at the top of the field.
Next Steps:
The petitioner may consider gathering more substantial evidence of their achievements and recognition in the field and possibly reapplying or seeking legal counsel for further guidance on meeting the criteria for the EB1 classification.
