Date of Decision: August 28, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Cultural Director
Field: Arts and Cultural Preservation
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Published Material About the Petitioner:
- Articles published in major publications highlighted the petitioner’s contributions as a cultural director.
- Participation as a Judge of the Work of Others:
- The petitioner served as a judge for auditions, evaluating musical skills and repertoire knowledge.
- Leading or Critical Role for Distinguished Organizations:
- The petitioner held leadership roles, such as serving as President of the Foundation for Culture, where she contributed to cultural preservation initiatives.
Criteria Not Met:
- Sustained National or International Acclaim:
- Evidence of acclaim did not demonstrate that the petitioner maintained recognition beyond 2008.
- Evidence of Work Displayed at Artistic Exhibitions:
- Although events were coordinated, evidence failed to show widespread recognition of the petitioner’s specific role in these showcases.
Key Points from the Decision
Leadership Roles:
- The petitioner served in key roles from 1996 to 2008, but no evidence was presented to show continued prominence or contributions after 2008.
Media Coverage:
- Coverage was limited to a single regional newspaper, primarily from 1996 to 2008, without evidence of broader national or international acclaim.
Judging Activities:
- A single instance of judging in 2016 was insufficient to demonstrate sustained acclaim or positioning at the very top of the field.
Final Merits Determination:
- The Administrative Appeals Office (AAO) determined the evidence did not demonstrate the petitioner’s recognition as being among the small percentage at the very top of her field.
Supporting Documentation
Leadership Evidence: Letters documenting roles as Director of Culture and President of a cultural foundation.
Judging Evidence: Records from a single judging event for musical auditions.
Published Material Evidence: Articles from regional media highlighting cultural contributions.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner met three regulatory criteria under 8 C.F.R. § 204.5(h)(3). However, the record failed to demonstrate sustained national or international acclaim or recognition as one of the small percentage at the very top of the field of arts and cultural preservation.
