Date of Decision: July 31, 2018
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: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge of the Work of Others:
The Petitioner served on a panel judging a children’s dance competition, demonstrating her recognized expertise in evaluating the work of other dancers.
Display of Work at Artistic Exhibitions or Showcases:
The Petitioner performed as a member of an ensemble at many artistic exhibitions, showcasing her abilities as a dancer. This criterion was met as her work was displayed at numerous significant events.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards for Excellence:
The Petitioner submitted various translations for articles and information relating to competitions in which her dance ensemble performed. However, the original foreign language documents were often missing, making it difficult to verify the accuracy of the translations. Additionally, the evidence provided did not clearly demonstrate that the prizes or awards were for excellence in the field of dance and choreography or that they were nationally or internationally recognized.
Published Material About the Petitioner:
The Petitioner provided several articles from newspapers and websites. However, the materials did not consistently meet the requirements of professional or major trade publications or other major media. The content was often focused on the ensemble or events rather than the Petitioner specifically.
Original Contributions of Major Significance:
The Petitioner claimed contributions to the field through her choreography and performances. However, the evidence provided, including letters of support, did not establish that these contributions were of major significance. The letters praised her skills but lacked specific examples demonstrating a significant impact on the dance industry.
Membership in Associations:
The Petitioner provided evidence of honorary positions related to her ranking and achievements. However, these positions did not meet the criterion for membership in associations requiring outstanding achievements as judged by recognized experts in the field.
Leading or Critical Role for Organizations with Distinguished Reputations:
The Petitioner claimed to hold critical roles in various dance-related organizations. However, the evidence did not establish that these organizations had distinguished reputations or that the Petitioner’s roles were critical to their success.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner received several awards in dance competitions, but additional evidence was needed to establish their national or international recognition and significance for excellence.
Published Materials About the Petitioner:
The submitted materials focused on the ensemble or events rather than the Petitioner and did not consistently meet the criteria for published material in major media or trade publications.
Original Contributions of Major Significance:
The Petitioner’s contributions were acknowledged but not demonstrated to be of major significance. The evidence lacked specific examples of significant impact on the field of dance and choreography.
Participation as a Judge:
The Petitioner served as a judge in a dance competition, demonstrating recognized expertise in the field.
Membership in Associations:
The Petitioner’s honorary positions did not meet the criteria for membership in associations requiring outstanding achievements.
Authorship of Scholarly Articles:
Not applicable based on the field of dance and choreography.
Leading or Critical Role Performed:
The evidence did not demonstrate that the Petitioner’s roles were critical to the success of distinguished organizations.
Artistic Exhibitions or Showcases:
The Petitioner’s work was displayed at numerous significant artistic exhibitions and showcases.
Evidence of High Salary or Remuneration:
Not addressed in the decision, suggesting no evidence was presented for this criterion.
Commercial Successes in the Performing Arts:
Not applicable based on the field of dance and choreography.
Supporting Documentation
The documentation included letters from professionals, evidence of awards, articles, and translations of various documents. However, these documents did not sufficiently establish the Petitioner’s recognition or meet the required criteria for extraordinary ability.
Conclusion
Final Determination: Appeal dismissed.
Reasoning:
The Petitioner did not submit the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria listed in the regulations. The overall review of the submitted materials did not demonstrate the sustained acclaim and recognition required for the classification sought.
Next Steps:
The Petitioner may consider gathering more robust and detailed evidence to support the criteria that were not met. Ensuring that all documentation includes specific details about the significance and impact of the Petitioner’s contributions on the field is crucial for any future submissions.
