Date of Decision: January 25, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Composer, Lyricist, Performer
Field: Arts (Musical Theater)
Nationality: Australian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Awards: The petitioner satisfied the awards criterion by receiving several prestigious awards, including the $50,000 Prize for Music Theatre. These awards were recognized in major publications, validating his extraordinary ability in the arts.
Published Materials: The petitioner met the criterion for published materials as several articles about his work appeared in major media publications. These included coverage in significant Australian newspapers and media outlets that have substantial readerships, confirming his recognition in the field.
Judging: The petitioner served as a judge for a major musical theater initiative, evaluating projects based on artistic merit. This role as a judge in an allied field further supports his extraordinary ability.
Comparable Evidence: The petitioner provided comparable evidence through performances of his compositions at distinguished venues. His songs were featured in revues in New York and Australia, receiving favorable reviews and showcasing his work in a manner akin to artistic exhibitions or showcases.
Criteria Not Met:
None specified as unmet in the provided document.
Key Points from the Decision
Awards and Prizes Won:
The petitioner received notable awards such as the Prize for Music Theatre and was recognized in several newspapers for these achievements. This criterion was met due to the significant national and international recognition of these awards.
Published Materials About the Petitioner:
Several major media articles focused on the petitioner’s work, including features in Australian newspapers and media outlets. This widespread media coverage validated the petitioner’s standing in the field of musical theater.
Original Contributions of Major Significance:
The petitioner’s contributions include writing award-winning songs and musicals, with notable works performed in prominent venues and celebrated in the media. This demonstrates his influence and impact in the field of musical theater.
Participation as a Judge:
The petitioner judged musical theater projects for a significant initiative, supporting the evaluation of artistic merit. This role further emphasizes his expertise and recognition in the field.
Membership in Associations:
The petitioner’s membership in relevant associations, though not explicitly detailed in the provided document, supports his professional standing and recognition.
Authorship of Scholarly Articles:
Not directly applicable or specified in the document.
Leading or Critical Role Performed:
The petitioner’s leading role in the creation and performance of musical works, recognized by awards and media coverage, underscores his critical role in the arts.
Artistic Exhibitions or Showcases:
His compositions were featured in celebrated performances in New York and Australia, equivalent to artistic showcases, highlighting his exceptional ability in the field.
Evidence of High Salary or Remuneration:
Not directly specified in the provided document.
Commercial successes in the Performing Arts:
The petitioner’s works have garnered commercial success, validated by awards, media coverage, and performances at prestigious venues.
Supporting Documentation
The petitioner presented substantial documentation including awards, media articles, judging roles, and evidence of performances. This comprehensive evidence base supported his claim of extraordinary ability in musical theater.
Conclusion
Final Determination: Appeal sustained, initial decision overturned.
Reasoning: The petitioner provided ample evidence of his extraordinary ability through awards, media recognition, judging roles, and comparable evidence. His acclaim and status at the top of his field were convincingly demonstrated.
Next Steps: The petitioner can now proceed with the immigration process under the EB1 Extraordinary Ability classification, leveraging the sustained national and international acclaim documented in his appeal.
