Date of Decision: November 16, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Choreographer
Field: Arts
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Artistic Exhibitions and Showcases
The petitioner met the criterion related to artistic exhibitions and showcases as she provided evidence of her work being featured in various exhibitions.
Criteria Not Met:
Criterion 1: Awards and Prizes
The petitioner submitted evidence of 28 certificates, diplomas, and awards for various events. However, these were not found to meet the criterion for nationally or internationally recognized prizes for excellence in choreography. Many awards did not clearly differentiate between choreography, teaching, or dance performance.
Criterion 2: Membership in Associations
The petitioner is a member of the International Dance Council (CID). However, membership in CID does not require outstanding achievements judged by recognized national or international experts, as it has a large and constantly increasing membership based on education or experience rather than distinguished achievements.
Criterion 3: Published Material
The petitioner provided an article and an appearance on “Good Morning Kazakhstan,” but these were not primarily about her or her work. The article mentioned her in the context of flamenco but did not focus on her achievements. The morning show aired on YouTube, which is not considered major media.
Criterion 4: Original Contributions
The petitioner submitted numerous reference letters, but these did not sufficiently describe her contributions or their significance to the field of choreography. The letters often used hyperbolic language without providing specific details or objective evidence of major significance.
Criterion 5: Leading or Critical Role
The petitioner provided evidence of her role in various dance groups and her studio. However, the documentation did not establish that these roles were leading or critical in organizations with distinguished reputations.
Key Points from the Decision
Awards and Prizes Won:
The awards did not clearly specify that the petitioner received them for her choreography skills. Many awards were related to teaching or performance rather than excellence in choreography.
Published Materials About the Petitioner:
The materials provided did not primarily focus on the petitioner’s work. The article was more about flamenco in general, and the YouTube appearance was not considered significant media coverage.
Original Contributions of Major Significance:
The reference letters did not provide sufficient detail or evidence of the petitioner’s contributions being widely recognized or having a significant impact on the field.
Participation as a Judge:
The petitioner did not provide sufficient evidence to meet this criterion.
Membership in Associations:
Membership in CID was not found to require outstanding achievements, and thus, this criterion was not met.
Authorship of Scholarly Articles:
No evidence was provided to support this criterion.
Leading or Critical Role:
The roles described did not sufficiently establish that the petitioner’s contributions were of significant importance to the organizations.
Artistic Exhibitions or Showcases:
This was the only criterion the petitioner successfully met.
Evidence of High Salary or Remuneration:
No evidence was provided to support this criterion.
Commercial Successes in the Performing Arts:
No evidence was provided to support this criterion.
Supporting Documentation
- 28 Certificates, Diplomas, and Awards
Summary: Various awards for dance events, primarily related to teaching and performance rather than choreography excellence. - Membership in International Dance Council (CID)
Summary: Membership requirements do not include outstanding achievements. - Published Article and YouTube Show Appearance
Summary: The article did not primarily focus on the petitioner, and the YouTube show was not considered major media. - Reference Letters
Summary: Letters praised the petitioner’s abilities but lacked detailed evidence of major contributions to the field.
Conclusion
Final Determination: Appeal Dismissed
Reasoning: The petitioner did not meet the required criteria for extraordinary ability in at least three categories. The provided evidence lacked sufficient detail and objective support to demonstrate sustained national or international acclaim.
Next Steps:
The petitioner may consider gathering more substantial evidence and documentation that clearly differentiates her achievements in choreography from teaching and performance. Seeking professional legal advice for further petitions might be beneficial.
