Date of Decision: December 1, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Field of Expertise: Dance and Choreography
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 Met:
Participation as a Judge: The Petitioner participated as a judge of the work of others in her field, meeting the criterion under 8 C.F.R. § 204.5(h)(3)(iv).
Display of Work at Artistic Exhibitions or Showcases: The Petitioner displayed her work in artistic exhibitions and showcases, meeting the criterion under 8 C.F.R. § 204.5(h)(3)(vii).
Criteria Not Met:
Published Material: The Petitioner provided articles and interviews, but the materials were not primarily about her or published in qualifying types of media, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(iii). The articles did not establish that the publications were considered major media.
Leading or Critical Role: The Petitioner did not provide sufficient evidence to demonstrate that she performed in a leading or critical role for organizations with a distinguished reputation. The roles mentioned did not demonstrate significant impact on the organizations as a whole, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(viii).
Key Points from the Decision
Awards and Prizes Won:
The Petitioner did not provide evidence of receiving nationally or internationally recognized awards.
Published Materials About the Petitioner:
The Petitioner provided articles about her work, but they did not qualify as major media.
Original Contributions of Major Significance:
Not applicable.
Participation as a Judge:
The Petitioner participated as a judge in professional settings, meeting this criterion.
Membership in Associations:
Not applicable.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
The Petitioner did not establish her roles as leading or critical in distinguished organizations.
Artistic Exhibitions or Showcases:
The Petitioner’s work was displayed in exhibitions, satisfying this criterion.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The Petitioner provided various supporting documents, including letters of recommendation, articles, and evidence of judging activities. However, these did not collectively establish the required criteria for extraordinary ability.
Conclusion
Final Determination: The motion to reopen and reconsider was dismissed.
Reasoning: The Petitioner did not demonstrate that she met at least three of the ten initial evidentiary criteria for extraordinary ability. While the Petitioner satisfied the criteria for participation as a judge and display at artistic exhibitions, the evidence provided did not establish her published material as major media or her roles as leading or critical in distinguished organizations. The totality of the evidence did not support a finding of sustained national or international acclaim or that the Petitioner is among the small percentage at the very top of her field.
Next Steps: The Petitioner may consider submitting additional evidence that clearly establishes the major significance of her contributions or explore other immigration options that may better fit her qualifications.
