Date of Decision: June 13, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Dance Instructor
Field: Dance
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Judging: The petitioner has served as a judge in DanceSport competitions, as acknowledged in the initial petition and the appeal.
Leading or Critical Role: The petitioner has played a leading role in various dance schools and academies, contributing significantly to their success.
Criteria Not Met:
Original Contributions of Major Significance: The petitioner failed to demonstrate that her coaching of successful dancers had a major impact on the DanceSport field as a whole.
Display of Work at Artistic Exhibitions or Showcases: New claims regarding this criterion were not considered as they were introduced on appeal.
High Salary or Other Significantly High Remuneration: The petitioner did not provide sufficient evidence to prove that her salary was high compared to others in the field of dance instruction.
Key Points from the Decision
Awards and Prizes Won:
- No evidence of major, internationally recognized awards was submitted.
Published Materials About the Petitioner:
- Not applicable.
Original Contributions of Major Significance:
- The petitioner did not demonstrate how her contributions have impacted the DanceSport field at a major level. The supporting letters lacked specific details and relied on hyperbolic language.
Participation as a Judge:
- The petitioner met this criterion by judging in various DanceSport competitions.
Membership in Associations:
- Not applicable.
Authorship of Scholarly Articles:
- Not applicable.
Leading or Critical Role Performed:
- The petitioner played a significant role in dance academies, contributing to the success of her students and the institutions.
Artistic Exhibitions or Showcases:
- The petitioner claimed this criterion for the first time on appeal, which was not considered.
Evidence of High Salary or Remuneration:
- The petitioner did not provide comparative evidence to establish her salary as significantly high relative to other dance instructors.
Commercial Successes in the Performing Arts:
- Not applicable.
Supporting Documentation
- Judging: Letters and evidence of the petitioner’s role as a judge in competitions.
- Leading or Critical Role: Letters from colleagues and organizations highlighting the petitioner’s contributions to dance academies.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not meet the required initial evidence criteria and failed to demonstrate sustained national or international acclaim. The petitioner’s contributions, while notable, did not rise to the level of major significance required for the EB-1 classification.
Next Steps: The petitioner may consider gathering more robust evidence to support her claims or explore other visa classifications that might be more applicable to her circumstances.
Download the Full Petition Review Here
Cite as Matter of G-M-, ID# 20055457
Document Name: JUN132022_04B2203
