Date of Decision: January 17, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Clarinetist
Field: Music Performance
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
Lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor
The Petitioner provided certificates and acknowledgments from various organizations in Kosovo. However, these documents did not demonstrate that the Petitioner received recognized awards for excellence as a clarinetist.
Additional awards provided on appeal lacked proper documentation, certified translations, and corroborating evidence.
Membership in associations in the field which require outstanding achievements:
The Petitioner claimed membership in various cultural and artistic societies. However, the documentation provided lacked the original untranslated documents, and the translations contained inconsistencies regarding the membership criteria.
The Petitioner did not demonstrate that the memberships required outstanding achievements judged by recognized national or international experts.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner claimed to have received several awards, but the documentation was either incomplete or not in accordance with USCIS standards (e.g., missing certified translations).
Published Materials About the Petitioner:
Not applicable.
Original Contributions of Major Significance:
Not applicable.
Participation as a Judge:
Not applicable.
Membership in Associations:
The Petitioner claimed membership in associations, but did not provide sufficient evidence that these memberships required outstanding achievements.
Authorship of scholarly articles:
Not applicable.
Leading or critical role performed:
This criterion was not analyzed in detail due to the failure to meet the minimum requirement of three criteria.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial successes in the Performing Arts:
Not applicable.
Supporting Documentation
Certificates from various cultural organizations in Kosovo.
Translations of documents related to memberships and awards.
Additional awards and certificates provided on appeal.
Conclusion
Final Determination: Appeal dismissed.
Reasoning:
The Petitioner did not meet the minimum requirement of three criteria under 8 C.F.R. § 204.5(h)(3). The evidence provided was either insufficient or did not meet USCIS standards.
The Petitioner did not demonstrate sustained national or international acclaim or recognition as one of the small percentage at the top of the field of endeavor.
Next Steps:
The Petitioner may consider providing additional evidence or documentation that meets USCIS standards if reapplying.
