Date of Decision: July 12, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Chinese Classical Dancer
Field: Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Artistic Exhibitions or Showcases: The petitioner demonstrated performances at various exhibitions, such as in Canada, as part of her artistic endeavors.
Criteria Not Met:
Lesser nationally or internationally recognized prizes or awards: The petitioner submitted evidence of awards but failed to establish them as nationally or internationally recognized for excellence in her field.
Published material about the petitioner: The petitioner provided articles but did not demonstrate that these were from professional or major trade publications or other major media.
Original contributions of major significance: The recommendation letters praised the petitioner’s skills but did not provide detailed and probative information on how her contributions are of major significance in the field.
Key Points from the Decision
Awards and Prizes Won:
- Summary of findings: The petitioner received a bronze award and an honorable mention award. However, the evidence did not support that these awards were nationally or internationally recognized for excellence.
- Key quotes or references: “The Petitioner’s documentation does not establish that awards are tantamount to nationally or internationally recognized awards for excellence in her field.”
Published Materials About the Petitioner:
- Summary of findings: The petitioner submitted articles from specific publications but did not provide objective evidence supporting the publications’ data and circulation claims.
- Key quotes or references: “The Petitioner has not demonstrated that the publication qualifies as a major medium.”
Original Contributions of Major Significance:
- Summary of findings: The recommendation letters did not explain how the petitioner’s skills and performances are original contributions of major significance.
- Key quotes or references: “Without supporting evidence, the Petitioner has not met her burden of showing that she has made original contributions of major significance in the field.”
Supporting Documentation
- Lesser nationally or internationally recognized prizes or awards: Documentation provided but not meeting the criteria.
- Published material: Articles provided but not established as major publications.
- Original contributions: Recommendation letters and performance playbills provided but not sufficiently detailed.
Conclusion
Final Determination: Denied
Reasoning: The petitioner did not meet the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria listed at 8 C.F.R. § 204.5(h)(3)(i)-(x). The overall evidence did not demonstrate that the petitioner has sustained national or international acclaim or that she is among the small percentage at the very top of her field.
Next Steps: The petitioner may consider gathering more substantial and probative evidence that clearly meets the criteria or seek other available immigration options.
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