Date of Decision: April 23, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Dancer and Choreographer
Field: Dance and Choreography
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Not Met:
Awards and Prizes: The petitioner did not satisfy the criterion for lesser nationally or internationally recognized prizes or awards.
Membership in Associations: The petitioner did not provide evidence of membership in associations requiring outstanding achievements judged by recognized experts.
Published Materials About the Petitioner: The petitioner did not provide substantial evidence of significant published materials about their work in professional or major media.
Participation as a Judge: The petitioner did not provide evidence of judging the work of others in the field.
Original Contributions of Major Significance: The petitioner did not demonstrate original contributions of major significance in the field.
Authorship of Scholarly Articles: The petitioner did not provide evidence of authorship of scholarly articles in the field.
Leading or Critical Role: The petitioner did not demonstrate performance in a leading or critical role for distinguished organizations.
Artistic Exhibitions or Showcases: The petitioner did not provide evidence of artistic exhibitions or showcases.
Evidence of High Salary or Remuneration: The petitioner did not demonstrate high salary or remuneration for services compared to others in the field.
Commercial Successes in the Performing Arts: The petitioner did not provide evidence of commercial successes in the performing arts.
Key Points from the Decision
Awards and Prizes:
The petitioner did not provide evidence of recognized prizes or awards.
Published Materials About the Petitioner:
No significant published materials about the petitioner’s work were provided.
Original Contributions of Major Significance:
The petitioner’s contributions were not demonstrated to be of major significance.
Participation as a Judge:
The petitioner did not provide evidence of judging roles in the field.
Membership in Associations:
The petitioner did not demonstrate membership in associations requiring outstanding achievements.
Authorship of Scholarly Articles:
No scholarly articles authored by the petitioner were provided.
Leading or Critical Role:
The petitioner did not demonstrate leading or critical roles in distinguished organizations.
Artistic Exhibitions or Showcases:
The petitioner did not provide evidence of artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
No evidence of high salary or remuneration compared to others in the field was provided.
Commercial Successes in the Performing Arts:
The petitioner did not demonstrate commercial successes in the performing arts.
Supporting Documentation
Prizes Documentation:
No documentation was provided for recognized prizes or awards.
Published Materials:
No significant published materials were provided.
Judging Roles:
No evidence of judging roles was provided.
Association Memberships:
No documentation was provided for memberships in associations.
Original Contributions:
Letters and statements about contributions were provided, but lacked evidence of major significance.
High Salary Documentation:
No evidence of high salary or remuneration was provided.
Artistic Exhibitions:
No documentation was provided for artistic exhibitions or showcases.
Commercial Successes:
No evidence of commercial successes was provided.
Conclusion
Final Determination: The motion to reopen and the motion to reconsider were both dismissed.
Reasoning:
The petitioner did not provide new facts or documentary evidence to support reopening the case.
The arguments presented did not demonstrate an error in the application of law or USCIS policy.
The petitioner did not meet the highly restrictive criteria for extraordinary ability classification.
Next Steps:
The petitioner may consider gathering more substantial evidence of national or international acclaim and reassessing the criteria for extraordinary ability before any future filings.
