Date of Decision: February 1, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Choreographer and Coach
Field: Sensory Therapy
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
[Criterion 1]: Performance in a leading or critical role
The petitioner was recognized for performing in a critical role as a choreographer.
[Criterion 2]: Participation as a judge of the work of others
The petitioner served as the head judge for a choreographic showcase at a multidisciplinary arts festival in Ukraine.
Criteria Not Met:
[Criterion 1]: Receipt of lesser nationally or internationally recognized prizes or awards
The petitioner submitted evidence of awards from dance festivals and competitions. However, many documents were illegible or lacked proper translation, preventing the determination of their relevance.
[Criterion 2]: Membership in associations that require outstanding achievements
The petitioner’s membership in a specific society did not meet the criterion because it was not demonstrated that the organization was in the field of choreography or coaching, nor that it required outstanding achievements for membership.
[Criterion 3]: Published material about the petitioner in professional or major trade publications
The petitioner provided several articles about her dancing experience and sensory therapy business. However, the translations lacked original documents, and some articles were self-authored, reducing their evidentiary value.
[Criterion 4]: Original contributions of major significance
While the petitioner provided testimonials from clients and letters from specialists expressing interest in her methods, there was insufficient evidence to demonstrate widespread impact or recognition of her contributions in the field.
[Criterion 5]: Commanding a high salary or other significantly high remuneration
The petitioner presented evidence of a compensation agreement for a choreographic assignment in China and a future U.S. employment agreement. However, there was no comparative data to establish that these earnings were significantly high within her field.
[Criterion 6]: Commercial successes in the performing arts
The petitioner submitted evidence of ticket sales for performances in Ukraine. However, the sales figures did not demonstrate substantial commercial success.
Key Points from the Decision
Awards and Prizes Won:
The awards submitted were not sufficiently documented with legible translations and corroborative evidence to establish national or international recognition.
Published Materials About the Petitioner:
The articles provided did not fulfill the requirement of appearing in major media or professional publications. Additionally, some were self-promotional and lacked sufficient evidence of their publication status.
Original Contributions of Major Significance:
The petitioner’s contributions were praised by clients and specialists, but there was no evidence of widespread adoption or significant impact in the field of sensory therapy.
Participation as a Judge:
The petitioner’s role as a head judge for a choreographic showcase was acknowledged and satisfied this criterion.
Membership in Associations:
The petitioner’s memberships did not demonstrate the required level of outstanding achievements judged by recognized experts in the field.
Authorship of Scholarly Articles:
The provided articles were self-authored promotional pieces and lacked evidence of publication in recognized professional or major trade publications.
Leading or Critical Role Performed:
The petitioner’s critical role as a choreographer was recognized, fulfilling this criterion.
Artistic Exhibitions or Showcases:
Not applicable or not sufficiently documented.
Evidence of High Salary or Remuneration:
The evidence provided did not establish that the petitioner’s salary was significantly high in comparison to others in the field.
Commercial Successes in the Performing Arts:
The documentation of ticket sales did not sufficiently demonstrate commercial success.
Supporting Documentation
The petitioner submitted various documents including awards, certificates, articles, client testimonials, and agreements. Many documents were either illegible, lacked proper translation, or did not meet the evidentiary standards required to demonstrate extraordinary ability.
Conclusion
Final Determination: Appeal dismissed.
Reasoning:
The petitioner did not meet the required initial evidence of either a one-time achievement or documentation satisfying at least three of the ten criteria listed. Additionally, the totality of the materials did not support a finding of the required level of expertise.
Next Steps:
It is recommended that the petitioner gather more substantial and properly documented evidence that meets the specified criteria, ensuring that all foreign language documents are accompanied by complete and accurate English translations.
