Date of Decision: April 16, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Collaborative Pianist
Field: Music (Collaborative Piano)
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Judging the Work of Others:
The Petitioner participated in the nomination process for the Latin Grammy awards as a voting member of the Latin Academy of Recording Arts & Sciences (LARAS).
He was also a member of a jury that evaluated brass section auditions for youth and pre-professional orchestras in Mexico and for the Symphony Orchestra.
Display of Work in Artistic Exhibitions or Showcases:
The Petitioner’s performances as a collaborative pianist in various concerts and recitals were recognized as exhibitions of his work.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards:
The Petitioner did not provide sufficient evidence to show that the awards mentioned were internationally recognized or of significant prestige within the field of music.
Original Contributions of Major Significance:
While the Petitioner’s work received praise from colleagues, there was insufficient evidence to demonstrate that his contributions had a major impact on the field of collaborative piano as a whole.
Leading or Critical Role for Organizations with Distinguished Reputation:
The evidence did not sufficiently establish that the Petitioner held a leading or critical role in organizations of distinguished reputation. The documentation did not demonstrate the organizations’ distinguished status or the critical nature of the Petitioner’s role within them.
Key Points from the Decision
Judging the Work of Others:
Summary of Findings:
The Petitioner’s involvement in evaluating and nominating for the Latin Grammy awards and serving on juries for orchestral auditions demonstrated his expertise and recognition in the field.
Key Quotes or References:
“The Petitioner provided evidence that he has participated in the nomination process for the Latin Grammy awards as a voting member of LARAS.”
Lesser Nationally or Internationally Recognized Prizes or Awards:
Summary of Findings:
The Director’s analysis did not fully consider the evidence submitted regarding the international scope and recognition of the awards the Petitioner claimed.
Key Quotes or References:
“The evidence submitted reflects that the awards claimed do not demonstrate the level of national or international recognition required.”
Original Contributions of Major Significance:
Summary of Findings:
The praise from colleagues and descriptions of the Petitioner’s work did not establish that his contributions were of major significance to the field.
Key Quotes or References:
“The Petitioner has not established any original contribution that has had an identifiable impact beyond the occasions where he performed and the institutions hosting or sponsoring those performances.”
Leading or Critical Role for Organizations with Distinguished Reputation:
Summary of Findings:
The evidence did not sufficiently show that the Petitioner’s roles in various organizations were critical or that the organizations had distinguished reputations.
Key Quotes or References:
“The Petitioner has not established that he performed in a leading or critical role for organizations or establishments with a distinguished reputation.”
Supporting Documentation
Global Music Awards Certificates:
Silver Medal certificates awarded to the Petitioner and his ensemble.
LARAS Membership Documentation:
Evidence of the Petitioner’s voting membership in LARAS.
Promotional Materials and Media Articles:
Materials related to the Petitioner’s live performances and recordings.
Reference Letters:
Letters from colleagues and industry professionals attesting to the Petitioner’s contributions and roles.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The Petitioner did not provide sufficient evidence to meet the requirement of at least three of the ten criteria for extraordinary ability.
The totality of the evidence did not support a finding of sustained national or international acclaim or recognition as one of the top individuals in the field of collaborative piano.
Next Steps:
The Petitioner may consider gathering additional evidence that directly demonstrates the impact and recognition of his work on a national or international scale.
Consulting with an immigration attorney specializing in extraordinary ability petitions may help in better presenting the case for future appeals or petitions.
