Date of Decision: July 20, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Composer
Field: Music Composition
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a judge of the work of others:
The petitioner served as a judge at film festivals in Turkey.
Criteria Not Met:
Published material about the individual in professional or major media:
The submitted articles are about projects the petitioner worked on rather than the petitioner himself. When the petitioner is mentioned, it is only briefly, and the articles do not appear in professional or major trade publications with high circulation or readership.
Leading or critical role for distinguished organizations or establishments:
The petitioner worked primarily as an assistant to a well-known composer, often in lesser capacities. The petitioner did not establish that these projects had distinguished reputations or that his roles were leading or critical.
High salary or other significantly high remuneration for services:
The petitioner’s earnings, while above average, were not sufficiently high in relation to others in the field. The petitioner did not provide a reliable basis for comparison with other composers in the motion picture industry.
Key Points from the Decision
Awards and Prizes Won: (Not Applicable)
Published Materials About the Petitioner: (Not Applicable)
Original Contributions of Major Significance: (Not Applicable)
Participation as a Judge: The petitioner satisfied this criterion by serving as a judge at film festivals in Turkey.
Membership in Associations: (Not Applicable)
Authorship of Scholarly Articles: (Not Applicable)
Leading or Critical Role Performed: The petitioner did not establish leading or critical roles for distinguished organizations or establishments, as his primary work was as an assistant or in lesser capacities.
Artistic Exhibitions or Showcases: (Not Applicable)
Evidence of High Salary or Remuneration: While the petitioner earned a salary and bonuses, the amounts were not significantly high compared to others in the field, and the provided statistics were inconsistent.
Commercial Successes in the Performing Arts: (Not Applicable)
Supporting Documentation
- Letters from colleagues and industry professionals supporting the petitioner’s contributions.
- Salary documentation and comparisons.
- Articles and media coverage mentioning the petitioner’s work.
- Records of participation as a judge at film festivals.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The petitioner did not submit the required initial evidence of either a one-time achievement or documents meeting at least three of the ten lesser criteria. The petitioner’s work and contributions, while significant, did not demonstrate the sustained national or international acclaim required for classification as an individual of extraordinary ability.
Next Steps:
The petitioner may consider gathering more substantial evidence and documentation that directly supports the criteria for extraordinary ability or consider alternative immigration pathways.
Download the Full Petition Review Here
Cite as Matter of G-M-, ID# 20434723
Document: JUL202022_01B2203