Date of Decision: MAR. 1, 2016
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: The petitioner met this criterion by judging youth music contests, demonstrating engagement in his field’s evaluation processes.
- Artistic exhibitions or showcases: The petitioner’s music for short films was displayed in various venues, satisfying this criterion.
Criteria Not Met:
- Lesser nationally or internationally recognized prizes or awards: The petitioner failed to demonstrate that the awards he received had national or international recognition.
- Published material about the petitioner: A self-submitted mini-biography on IMDb did not meet the criterion for published material as it lacked credible editorial oversight.
- Original contributions of major significance: The contributions were not shown to have a significant impact on the field as a whole.
- Authorship of scholarly articles: The petitioner’s involvement in a film posted on YouTube did not fulfill the requirement for scholarly article authorship.
Key Points from the Decision
Awards and Prizes Won:
The appeal failed to establish the required recognition of the petitioner’s awards as they appeared limited to academic or institutional achievements rather than broader national or international acknowledgment.
Published Materials About the Petitioner:
Entries on IMDb, written by the petitioner himself, were not considered valid evidence of recognition due to lack of editorial control and credibility.
Original Contributions of Major Significance:
Letters from colleagues praised the petitioner’s skills, but these did not suffice to prove contributions of major significance to the field of music composition.
Participation as a Judge:
Evidence was accepted that the petitioner had judged in youth music contests, aligning with the role expected in his profession.
Authorship of scholarly articles:
The petitioner’s attempt to equate a short film with a scholarly article was not accepted, reflecting a misalignment with the criterion’s requirements.
Supporting Documentation
The following items were submitted but found insufficient to warrant approval:
- Certificates and awards with limited recognition.
- Self-authored IMDb biography.
- References to festival screenings without substantial evidence of impact.
- Letters of recommendation that highlighted personal success rather than broader professional influence.
Conclusion
Final Determination: The petitioner did not meet the necessary criteria to qualify for the EB-1 extraordinary ability classification. The evidence provided failed to convincingly demonstrate that he ranks among the small percentage at the very top of his field.
Reasoning: The appeal lacked robust, recognized evidence of sustained national or international acclaim as required by regulatory standards.
Next Steps: It is recommended that the petitioner gathers more substantial, independently verified evidence of his achievements and contributions to the field before reapplying.
