Date of Decision: January 25, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Dancer and Choreographer
Field: Arts
Nationality: China
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
The petitioner has received lesser nationally recognized awards for excellence in choreography. Specifically, he won an award for outstanding choreography in a play or musical in 2007 and a second award for outstanding original choreography in 2010. These awards are considered prestigious and are often referred to as the Canadian equivalent of the Tony Awards.
Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases.
The petitioner’s work as a dancer and choreographer has been displayed at artistic venues in China and North America. Reviews confirm his choreography and performances were artistic and featured in notable venues, including significant productions that combined various artistic elements like ballet, Chinese opera, and martial arts.
Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
The petitioner served as the chief choreographer for a prominent theatrical production company in China, contributing significantly to its productions, which won nationally recognized awards.
Criteria Not Met:
Awards and Prizes: The petitioner did not meet the criterion for a one-time achievement that is a major, internationally recognized award, as the awards presented were recognized nationally rather than internationally.
Key Points from the Decision
Awards and Prizes Won:
The petitioner received lesser nationally recognized awards for excellence in choreography in 2007 and 2010. These awards are regarded as prestigious and akin to the Tony Awards in Canada.
Published Materials About the Petitioner:
Major Canadian news outlets, such as The Globe and Mail, reported on the awards and award recipients, including the petitioner.
Original Contributions of Major Significance:
The petitioner’s work has received significant media attention in China, with his choreography broadcasted on major Chinese television networks and covered by prominent media outlets.
Participation as a Judge:
Not applicable based on the provided document.
Membership in Associations:
Not applicable based on the provided document.
Authorship of scholarly articles:
Not applicable based on the provided document.
Leading or critical role performed:
The petitioner’s role as the chief choreographer for a distinguished theatrical production company in China, where he contributed to award-winning productions.
Artistic Exhibitions or Showcases:
The petitioner’s work has been displayed at various artistic venues and significant international events, demonstrating his contributions to the field of arts.
Evidence of High Salary or Remuneration:
Not applicable based on the provided document.
Commercial successes in the Performing Arts:
The petitioner’s work has been featured in productions that celebrated significant cultural events and received accolades, affirming his commercial success in the performing arts.
Supporting Documentation
Awards received for outstanding choreography in 2007 and 2010.
Reviews and materials confirming the petitioner’s choreography and performances at artistic venues.
Letters and documents from reputable sources attesting to the petitioner’s critical role in a distinguished theatrical production company.
Conclusion
Final Determination: Approved
Reasoning:
- The petitioner demonstrated sustained national and international acclaim as a dancer and choreographer. He provided substantial evidence of his extraordinary ability in the arts, meeting the required criteria and illustrating his position at the very top of his field through extensive documentation.
Next Steps:
- The petitioner should continue his work in the area of extraordinary ability as outlined in his employment contract with the sponsoring organization in the United States, further contributing to the arts and benefiting the U.S. culturally and artistically.
