Date of Decision: March 2, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Dancer and Choreographer
Field: Arts
Nationality: [Nationality Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
Criteria 1: Sustained national or international acclaim through achievements recognized in the field. The petitioner did not meet this criterion as no substantial evidence was provided.
Criteria 2: Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
Criteria 3: Documentation of the alien’s membership in associations in the field which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields.
Criteria 4: Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought.
Criteria 5: Evidence of the alien’s participation as a judge of the work of others in the same or an allied field of specialization for which classification is sought.
Criteria 6: Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
Criteria 7: Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media.
Criteria 8: Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
Criteria 9: Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.
Criteria 10: Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
Key Points from the Decision
Awards and Prizes Won:
The petitioner failed to provide evidence of receiving any nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
Published Materials About the Petitioner:
No substantial published material was provided about the petitioner in professional or major trade publications or other major media.
Original Contributions of Major Significance:
The petitioner did not provide sufficient evidence of original artistic contributions of major significance in the field.
Participation as a Judge:
There was no evidence presented to show the petitioner’s participation as a judge of the work of others in the same or an allied field of specialization.
Membership in Associations:
The petitioner did not provide documentation of membership in associations in the field which require outstanding achievements of their members.
Authorship of Scholarly Articles:
No evidence of authorship of scholarly articles in professional or major trade publications or other major media was provided.
Leading or Critical Role Performed:
The petitioner did not demonstrate having performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
Artistic Exhibitions or Showcases:
There was no evidence provided to show that the petitioner has participated in artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
The petitioner failed to provide evidence of commanding a high salary or other significantly high remuneration for services in relation to others in the field.
Commercial Successes in the Performing Arts:
No evidence of commercial successes in the performing arts was presented, such as box office receipts or record sales.
Supporting Documentation
Several newspaper and magazine articles about the petitioner.
Letters of recommendation from industry professionals.
Pay receipts and bank statements showing weekly earnings.
Festival nominations and awards documentation.
Conclusion
Final Determination: Denied
Reasoning:
The petitioner did not meet the necessary criteria to establish extraordinary ability as outlined by the USCIS guidelines. The evidence provided was insufficient to demonstrate sustained national or international acclaim and recognition in the field of arts.
Next Steps:
Recommendations for the petitioner include gathering substantial evidence to support the required criteria and considering legal guidance for future appeals or motions.
