Date of Decision: December 1, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Collaborative Pianist and Vocal Coach
Field: Arts
Nationality: Venezuela
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Display of Work:
The petitioner met the criterion for the display of her work as a collaborative pianist and vocal coach. She has performed with distinguished organizations and participated in significant artistic showcases.
Leading or Critical Role:
The petitioner met the criterion for performing a leading or critical role for organizations with a distinguished reputation. Her roles with various musical organizations were deemed significant.
Criteria Not Met:
Judging the Work of Others:
The petitioner did not meet the criterion for judging the work of others. The provided evidence of her role on a jury at a piano competition was not sufficiently detailed or corroborated.
Awards and Prizes:
The petitioner’s awards were not recognized as indicative of national or international acclaim. The documentation did not provide enough evidence to demonstrate the significance of these awards beyond the awarding entities.
Published Material About the Petitioner:
The published materials provided did not meet the required standards. Many of the references were from unreliable sources like Wikipedia, and the publications were not proven to be major trade or professional publications.
Original Contributions of Major Significance:
The letters and evidence provided did not sufficiently demonstrate that the petitioner’s contributions had a significant impact on her field. The evidence lacked detail and corroboration.
High Salary or Remuneration:
The petitioner did not establish that her salary was significantly high compared to others in her field. The provided salary data was not sufficient to demonstrate her status among the top professionals.
Commercial Successes in Performing Arts:
The petitioner did not provide adequate evidence of commercial success. No specific data on box office receipts or sales was provided to support her claims.
Key Points from the Decision
Awards and Prizes Won:
The petitioner received several awards, but they were not considered nationally or internationally recognized. The evidence provided was insufficient to demonstrate the significance of these awards.
Published Materials About the Petitioner:
The petitioner submitted various articles and publications, but they did not meet the required standards for major trade or professional publications. The sources were deemed unreliable and lacked proper circulation data.
Original Contributions of Major Significance:
The petitioner’s contributions were acknowledged but not deemed significant enough to meet the criteria. The letters provided did not have sufficient detail or corroboration to prove her impact on the field.
Participation as a Judge:
The petitioner served as a judge at a piano competition, but the evidence was not sufficient to meet the criteria. The provided documentation lacked detail and corroboration.
Membership in Associations:
The petitioner claimed membership in distinguished associations, but the evidence did not support this claim. The documentation did not establish the specific requirements for membership or confirm her status as a member.
Authorship of Scholarly Articles:
The petitioner provided articles she authored, but they did not meet the criteria for major scholarly publications. The sources were unreliable, and the articles lacked proper circulation data.
Leading or Critical Role Performed:
The petitioner’s roles with various organizations were acknowledged, but they were not deemed significant enough to demonstrate sustained national or international acclaim.
Artistic Exhibitions or Showcases:
The petitioner participated in various artistic showcases, but the evidence provided did not demonstrate that these events brought her significant personal attention at a national or international level.
Evidence of High Salary or Remuneration:
The petitioner did not provide sufficient evidence to prove that her salary was significantly high compared to others in her field. The provided salary data was not adequate.
Commercial Successes in the Performing Arts:
The petitioner did not provide specific data on her commercial successes. The evidence was not sufficient to demonstrate her status among the top professionals in her field.
Supporting Documentation
- Employment Contracts: Detailed the petitioner’s roles and remuneration.
- Letters from Colleagues and Experts: Provided opinions on the petitioner’s contributions and roles.
- Published Articles: Included various articles about the petitioner’s work and achievements.
- Competition Rules and Translations: Provided documentation for the piano competition where the petitioner served as a judge.
- Salary and Wage Documentation: Included W-2 forms, 1099-MISC forms, and employment contracts.
- Awards and Prizes Documentation: Detailed the awards and prizes won by the petitioner.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not demonstrate sustained national or international acclaim or prove that she is among the small percentage at the top of her field. The evidence provided was insufficient to meet the required criteria.
Next Steps: The petitioner may consider gathering more robust and detailed evidence to support future applications. It is recommended to focus on providing corroborated documentation and reliable sources to strengthen the case.
