Date of Decision: July 12, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Dancer and Choreographer
Field: Arts
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
[Criterion 1]: The petitioner demonstrated the display of her work in artistic exhibitions or showcases by performing at notable events and venues.
Criteria Not Met:
[Criterion 1]: The petitioner failed to provide evidence of receiving lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor. The nomination for an award did not meet the criterion of “receipt” of an award.
[Criterion 2]: The petitioner did not provide sufficient evidence of original contributions of major significance in the field. While letters praised her skills and humanitarian work, they did not demonstrate a significant impact on the field.
[Criterion 3]: The petitioner did not establish her performance in a leading or critical role for organizations or establishments with distinguished reputations. Her roles as a supporting dancer in music videos and events did not qualify as leading or critical roles.
[Criterion 4]: Evidence of commanding a high salary or significantly high remuneration for services in relation to others in the field was insufficient. The petitioner did not provide cumulative annual wage data to support her claim.
[Criterion 5]: The petitioner did not provide evidence of commercial successes in the performing arts through box office receipts or sales data. Viewership statistics and television ratings were not considered adequate for this criterion.
Key Points from the Decision
Awards and Prizes Won: (Not Applicable)
Published Materials About the Petitioner: (Not Applicable)
Original Contributions of Major Significance:
The petitioner provided letters and evidence of involvement in charitable activities, but did not show a significant impact on the field.
Key quotes: “Having a diverse or unique skill set is not in-and-of-itself a contribution of major significance, unless a petitioner shows that she has used those skills to influence the field.”
Participation as a Judge: (Not Applicable)
Membership in Associations: (Not Applicable)
Authorship of scholarly articles: (Not Applicable)
Leading or critical role performed:
The petitioner was involved as a supporting dancer for various artists but did not demonstrate responsibility for the success of those organizations.
Key quotes: “Although the Petitioner performed as one of the lead dancers in the music videos, she did not demonstrate how her performance in a music video or documentary constitutes a leading role for a distinguished organization or establishment overall.”
Artistic Exhibitions or Showcases:
The petitioner successfully demonstrated her participation in artistic exhibitions and showcases through performances at notable events.
Evidence of High Salary or Remuneration:
The petitioner did not provide sufficient evidence of high remuneration in comparison to others in the field.
Key quotes: “The Petitioner has not sufficiently shown how the submitted yearly and hourly wage data demonstrates that her short term, isolated contracts represent significantly high remuneration for services compared to others in her field.”
Commercial successes in the Performing Arts:
The petitioner did not provide adequate evidence of commercial successes through box office receipts or sales data.
Supporting Documentation
- Nomination for Award: Evidence provided did not meet the criteria of “receipt” of an award.
- Letters of Recommendation: Praised skills but lacked evidence of significant impact on the field.
- Contracts and Remuneration Evidence: Insufficient to demonstrate high salary in comparison to peers.
- Viewership and Ratings Statistics: Not considered adequate for proving commercial success.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not meet the necessary criteria to demonstrate extraordinary ability in the field of arts. The provided evidence did not support the claims of significant achievements or high remuneration.
Next Steps: The petitioner may consider gathering additional evidence or exploring other visa options.
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