Date of Decision: Feb. 19, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Dancer and Choreographer
Field: Arts (Dance and Choreography)
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Critical Role: The petitioner performed in a critical role for organizations or establishments that have a distinguished reputation.
Criteria Not Met:
- Awards and Prizes: The petitioner did not provide sufficient evidence of receiving lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
- Published Material About Petitioner: The review indicated that the materials provided did not focus on the petitioner’s contributions, thereby failing to meet this criterion.
- Original Contributions of Major Significance: Evidence did not sufficiently demonstrate that the petitioner’s contributions have significantly impacted the field as a whole.
Key Points from the Decision
Awards and Prizes Won:
No relevant awards or prizes were sufficiently documented to meet the criteria.
Published Materials About the Petitioner:
Articles mentioned did not primarily focus on the petitioner, thus failing to meet the requirements of the criterion.
Original Contributions of Major Significance:
Letters and testimonials provided did not conclusively show that the petitioner’s contributions have had a significant impact on the field of dance or choreography.
Participation as a Judge:
Not applicable.
Membership in Associations:
Not applicable.
Authorship of scholarly articles:
Not applicable.
Leading or critical role performed:
The petitioner’s role was acknowledged as critical in organizations recognized for their distinguished reputation.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial successes in the Performing Arts:
Not applicable.
Supporting Documentation
Documents included reference letters, articles, and additional materials that supported claims of having a critical role. However, these were deemed insufficient to prove extraordinary ability across the required number of criteria.
Conclusion
Final Determination: The petitioner did not meet the necessary evidentiary criteria to qualify as an individual of extraordinary ability in the arts as per the regulatory requirements.
Reasoning: The petitioner failed to provide the requisite evidence under at least three evidentiary categories needed to proceed to a final merits determination.
Next Steps: The appeal is dismissed. The petitioner may consider other visa categories or provide additional compelling evidence in a new petition.
