Date of Decision: JUNE 18, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Dance Instructor and Choreographer
Field: Arts (Dance)
Nationality: Australia
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Judging of the work of others: The petitioner served as a judge at the 2015 National Talent Competition, satisfying this criterion.
- Display of work at artistic exhibitions or showcases: The petitioner’s choreographed works were displayed at various showcases, fulfilling this criterion.
Criteria Not Met:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor: The appeal board disagreed with the initial finding that this criterion was met, stating the awards were not directly received by the petitioner or sufficiently recognized.
- Performance in a leading or critical role for organizations with a distinguished reputation: While the petitioner provided evidence of leadership roles, she failed to demonstrate that these organizations had a distinguished reputation within the field.
Key Points from the Decision
Awards and Prizes Won: The appeal board noted discrepancies in the petitioner’s claims regarding awards, particularly emphasizing that many were won by her students or her studio, not by her directly.
Participation as a Judge: The petitioner was acknowledged for her role as a judge, which was one of the few criteria she satisfied.
Leading or critical role performed: Evidence provided did not conclusively show that her roles influenced organizations with a notable reputation in the dance industry.
Supporting Documentation
- Evidence of judging roles at national competitions.
- Documentation of choreographed works displayed at showcases.
- Letters and screenshots regarding leadership roles in dance studios and theater programs.
Conclusion
Final Determination: The petitioner’s appeal is dismissed. The evidence does not demonstrate that the petitioner meets the required criteria of having extraordinary ability in her field as defined by USCIS standards.
Reasoning: The board concluded that the petitioner did not meet enough of the evidentiary criteria necessary to prove extraordinary ability in the arts. The evidence was not compelling in proving her impact or reputation in the field on a national or international level.
Next Steps: The petitioner may consider gathering more substantial evidence or seek alternative visa classifications more aligned with her achievements and current career standing.
