Date of Decision: January 9, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Competitive Ballroom Dancer and Teacher
Field: Dance and Performing Arts
Nationality: [Not specified in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Display of Work at Artistic Exhibitions or Showcases
The petitioner displayed his work in the field of dance at various artistic exhibitions and showcases, meeting this criterion for extraordinary ability.
Criteria Not Met:
Criterion 1: Lesser Nationally or Internationally Recognized Prizes or Awards
The petitioner submitted numerous awards and certificates from dance competitions in Europe and the United States but failed to provide evidence establishing the national or international recognition of these prizes.
Criterion 2: Membership in Associations
The petitioner claimed membership in dance federations but did not provide evidence showing that these memberships required outstanding achievements judged by recognized experts.
Criterion 3: Leading or Critical Role
The petitioner provided letters indicating his roles as a dancer, trainer, and adjudicator, but did not establish that these roles were leading or critical to organizations with a distinguished reputation.
Key Points from the Decision
Awards and Prizes Won:
The petitioner received numerous prizes and awards for dance competitions but did not demonstrate their national or international recognition.
Published Materials About the Petitioner: Not applicable
Original Contributions of Major Significance: Not applicable
Participation as a Judge:
Letters in the record referred to the petitioner’s past work as an adjudicator, but there was no direct documentation of this activity or specific occasions when he served in that capacity.
Membership in Associations:
The petitioner did not provide sufficient evidence to establish that his memberships were based on outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles: Not applicable
Leading or Critical Role Performed:
The petitioner did not show that his roles in various organizations were leading or critical at a national level.
Artistic Exhibitions or Showcases:
The petitioner displayed his work at artistic exhibitions and showcases, fulfilling this criterion.
Evidence of High Salary or Remuneration: Not applicable
Commercial Successes in the Performing Arts: Not applicable
Supporting Documentation
Awards and Certificates: Translated copies of awards and certificates from dance competitions.
Membership Information: Printouts and information about dance federations.
Letters of Reference: Letters from colleagues and associates detailing the petitioner’s roles and contributions.
Artistic Exhibitions: Evidence of the petitioner’s participation in dance exhibitions and showcases.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner failed to demonstrate sustained national or international acclaim and did not meet the required three criteria for demonstrating extraordinary ability. While the petitioner has had a successful career as a competitive dancer and teacher, the evidence provided did not establish the national or international recognition required for the EB1 classification.
Next Steps:
The petitioner may consider gathering more substantial evidence of extraordinary ability, focusing on nationally or internationally recognized awards, memberships requiring outstanding achievements, and evidence of leading or critical roles. Reapplying or exploring other immigration options that may be more suitable given the evidence available is also recommended.
