EB-1 Extraordinary Ability USCIS Appeal Review – Classical Dancer – JUL122017_01B2203

Date of Decision: July 12, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability

Petitioner Information

Profession: Classical Dancer
Field: Chinese Classical Dance
Nationality: Chinese

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met:

  • Artistic Exhibitions or Showcases: The Petitioner has performed at various exhibitions, including in Canada, as part of the [name of the troupe].

Criteria Not Met:

  • Lesser Nationally or Internationally Recognized Prizes or Awards: The Petitioner submitted evidence of awards that were not deemed nationally or internationally recognized for excellence in her field.
  • Published Material About the Petitioner: The articles provided did not establish that they were from major media or professional trade publications.
  • Original Contributions of Major Significance: The recommendation letters and other submitted evidence did not demonstrate that the Petitioner’s contributions were of major significance in her field.

Key Points from the Decision

Awards and Prizes Won:

The Petitioner received a bronze award at a 2012 competition and an honorable mention in 2014. However, these were not deemed nationally or internationally recognized awards.

Published Materials About the Petitioner:

The Petitioner provided articles from publications, but they were not verified as major media. The circulation claims and the impact of these publications were not substantiated.

Original Contributions of Major Significance:

The recommendation letters praised the Petitioner’s artistic skills but lacked specific examples demonstrating how her contributions impacted the field significantly.

Artistic Exhibitions or Showcases:

The Petitioner has participated in various exhibitions, showcasing her work in the field of Chinese classical dance.

Evidence of High Salary or Remuneration:

No evidence provided in this category.

Commercial Successes in the Performing Arts:

No evidence provided in this category.

Supporting Documentation

  1. Awards Certificates: Certificates for the bronze award and honorable mention.
  2. Published Articles: Articles from various publications.
  3. Recommendation Letters: Letters from peers and mentors in the field.
  4. Performance Programs: Programs and playbills from exhibitions and shows.

Conclusion

Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not meet the required initial evidence of either a one-time achievement or documentation that satisfies at least three of the ten regulatory criteria. The evidence provided did not demonstrate sustained national or international acclaim or recognition in the field of expertise.

Next Steps: The Petitioner may consider gathering more substantial evidence or documentation to support future petitions.

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