Date of Decision: OCT. 30, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Choreographer, Sport Dance Judge, Coach, and Instructor
Field: Arts and Athletics (Sport Dance)
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Participation as a Judge:
The petitioner provided evidence of serving as a judge at more than twenty sport dance competitions.
Criteria Not Met:
- Lesser Prizes or Awards:
The petitioner submitted several awards, but they were not nationally or internationally recognized in the field of sport dance. - Membership in Associations:
The petitioner submitted certificates of membership in various associations, but the membership requirements did not indicate outstanding achievements judged by recognized national or international experts. - Published Material About the Petitioner:
The petitioner provided articles that mentioned him, but they were not about him specifically and did not come from professional or major trade publications. - Original Contributions:
The petitioner submitted evidence of his contributions, such as a DVD tutorial, but there was no documentary evidence showing that his work constituted contributions of major significance in the field of sport dance. - Artistic Exhibitions or Showcases:
The petitioner claimed that the distribution of his DVD met this criterion, but there was no evidence showing that the DVD was displayed at artistic exhibitions or showcases. - Leading or Critical Role:
The petitioner submitted evidence of his leadership roles in various organizations, but there was no documentary evidence demonstrating that these organizations had a distinguished reputation.
Key Points from the Decision
Awards and Prizes Won:
- The petitioner submitted awards from various organizations, but these were not nationally or internationally recognized as required by the regulatory criteria.
Published Materials About the Petitioner:
- The articles provided were not about the petitioner specifically and were not published in professional or major trade publications.
Original Contributions of Major Significance:
- The petitioner’s DVD tutorial and his role in organizing dance events were not considered contributions of major significance in the field of sport dance.
Participation as a Judge:
- The petitioner met this criterion by providing evidence of serving as a judge at numerous sport dance competitions.
Membership in Associations:
- The petitioner failed to demonstrate that the associations he was a member of required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
- Not applicable as no scholarly articles were mentioned.
Leading or Critical Role Performed:
- The petitioner did not demonstrate that the organizations he held leadership roles in had a distinguished reputation.
Artistic Exhibitions or Showcases:
- The petitioner did not provide sufficient evidence to show his work was displayed at artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
- Not applicable as no evidence of high salary or remuneration was provided.
Commercial Successes in the Performing Arts:
- Not applicable as no evidence of commercial success in the performing arts was provided.
Supporting Documentation
- Extraordinary Achievement Award (2011): Provided by an organization, but not shown to be nationally or internationally recognized.
- Outstanding Art Talent Awards (2009-2012): From an organization where the petitioner served as president, indicating institutional recognition rather than national or international significance.
- Membership Certificates: From various associations, but the membership requirements did not reflect outstanding achievements.
- DVD Tutorial: Submitted as evidence of original contributions, but did not demonstrate major significance in the field of sport dance.
Conclusion
Final Determination: The appeal was dismissed as the petitioner did not meet the initial evidence requirements for extraordinary ability classification.
Reasoning: The petitioner failed to provide sufficient evidence to meet at least three of the ten regulatory criteria. Additionally, the provided evidence did not demonstrate the level of expertise required for the classification sought.
Next Steps: The petitioner may consider gathering more robust and credible evidence that clearly demonstrates national or international recognition of his achievements and contributions in the field of sport dance for any future petitions.
