Date of Decision: April 23, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Dancer and Choreographer
Field: Performing Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
Participation as a Judge of the Work of Others: The Petitioner served as a judge at a number of regional dance competitions.
Display at Artistic Exhibitions or Showcases: The Petitioner’s work was displayed at artistic exhibitions and showcases, such as the [redacted] Dance Invitational.
Criteria Not Met
Published Materials About the Petitioner: The Petitioner did not meet the requirements for this criterion. Many submitted articles were local reviews or previews, and did not sufficiently focus on the Petitioner. Few articles devoted significant attention to the Petitioner, and those that did were not established to be in major media.
Leading or Critical Role for Distinguished Organizations: The Petitioner did not provide sufficient evidence that her roles were leading or critical for distinguished organizations. Programs and promotional materials showed activity but did not establish leading roles or the distinguished reputation of the organizations.
Key Points from the Decision
Awards and Prizes Won:
No evidence provided.
Published Materials About the Petitioner:
The articles provided were mostly local and did not meet the standards for major media coverage, nor did they focus adequately on the Petitioner’s work.
Original Contributions of Major Significance:
No evidence provided.
Participation as a Judge:
The Petitioner served as a judge at regional dance competitions, which satisfies this criterion.
Membership in Associations:
No evidence provided.
Authorship of Scholarly Articles:
No evidence provided.
Leading or Critical Role Performed:
The Petitioner did not demonstrate that her roles were leading or critical for distinguished organizations.
Artistic Exhibitions or Showcases:
The Petitioner’s work was displayed at artistic exhibitions and showcases, satisfying this criterion.
Evidence of High Salary or Remuneration:
No evidence provided.
Commercial Successes in the Performing Arts:
No evidence provided.
Supporting Documentation
Programs and Promotional Materials: Provided but did not establish leading roles or the distinguished reputation of the organizations.
Articles: Provided but did not meet the required focus or media standards.
Letters from Colleagues and Organizations: Praised the Petitioner’s work but lacked sufficient detail to demonstrate leading roles or distinguished reputations.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner met two of the criteria but did not provide sufficient evidence to meet the third criterion. The Petitioner did not provide the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria. The record does not support a finding of the required acclaim and recognition for the classification sought.
Next Steps: The Petitioner must provide more substantial and specific evidence to meet the criteria for extraordinary ability classification.
