Date of Decision: August 16, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Dance Professional
Field: Dance and Choreography
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Withdrawn and remanded for further determination
Evidentiary Criteria Analysis
Criteria Met:
- Published Material About the Petitioner:
- The petitioner demonstrated media coverage about his work in prominent outlets in his home country.
- Participation as a Judge of the Work of Others:
- Evidence included judging activities at international dancesport events.
- Display of Work at Artistic Exhibitions or Showcases:
- The petitioner provided documentation of performances and displays at dancesport exhibitions and competitions globally.
Key Points from the Decision
Published Material:
- Articles from the Star media outlet in the petitioner’s home country met the regulatory requirements, as additional reports confirmed the outlet’s prominence as a major media source during the time of publication.
Judging Activities:
- The petitioner judged dancesport competitions, showcasing expertise and recognition within the field.
Artistic Showcases:
- Documentation demonstrated participation in globally recognized dancesport events, with supporting letters validating the petitioner’s influence and reputation.
Director’s Errors:
- The Director incorrectly concluded that the media outlet Star did not qualify as major media, ignoring evidence of its high ranking in national media reports.
- The AAO determined that the petitioner met at least three regulatory criteria, requiring a remand for a final merits determination.
Remand Instructions:
- The Director must evaluate the totality of the evidence to determine whether the petitioner demonstrates sustained national or international acclaim and recognition as one of the small percentage at the very top of the field of dance.
Supporting Documentation
Published Material Evidence: Articles and reports from prominent media outlets, meeting regulatory standards.
Judging Evidence: Documentation of judging roles at international dancesport events.
Artistic Showcases Evidence: Records of performances and participation in major global dancesport exhibitions.
Conclusion
Final Determination: The Director’s decision was withdrawn, and the matter was remanded for further analysis and decision-making.
Reasoning:
The petitioner met three regulatory criteria under 8 C.F.R. § 204.5(h)(3). The Director must now conduct a final merits determination to assess the petitioner’s extraordinary ability and sustained acclaim in the field of dance and choreography.
