Date of Decision: May 9, 2016
Service Center: Texas 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: Denied
Evidentiary Criteria Analysis
Criteria Met:
Documentation of the individual’s membership in associations in the field: Satisfied through evidence of dancing for a distinguished troupe, initially assessed under a different criterion.
Evidence of the display of the individual’s work at artistic exhibitions or showcases: Satisfied through submitted posters and brochures confirming performances as a dancer and soloist at various shows.
Criteria Not Met:
Documentation of the individual’s receipt of lesser nationally or internationally recognized prizes or awards for excellence: Failed as provided awards lacked recognition details and explanations regarding their significance and relevance.
Evidence of published material about the individual in professional or major trade publications: Not met as no specific affidavits or media publications directly related to the petitioner’s work were conclusively provided.
Evidence that the alien has performed in a leading or critical role for organizations or establishments with a distinguished reputation: Not met due to insufficient documentation supporting a leading or critical role.
Evidence of commercial successes in the performing arts: Not met as no box office receipts or other substantial proof of commercial success were submitted.
Key Points from the Decision
Awards and Prizes Won:
The appeal highlighted several awards, but none provided the necessary context to prove national or international recognition, leading to a failure to meet the required criterion.
Published Materials About the Petitioner:
Mentions of the petitioner in major media were alleged but not substantiated with actual copies or sufficient details of the publications.
Leading or critical role performed:
Despite being a soloist, the petitioner did not demonstrate a leading or critical role within the dance troupe based on the provided documentation.
Commercial successes in the Performing Arts:
The appeal lacked specific evidence such as box office receipts to demonstrate the commercial success of the petitioner’s performances.
Supporting Documentation
The petitioner submitted various documents, including posters, brochures, letters of recommendation, and affidavits. However, these often lacked the necessary details to fulfill the criteria requirements.
Conclusion
Final Determination:
The appeal is dismissed due to insufficient evidence demonstrating extraordinary ability or intent to continue work in the claimed area of expertise in the United States.
Reasoning:
The provided evidence did not meet the required number of evidentiary criteria and failed to establish a sustained level of acclaim in the petitioner’s field.
Next Steps:
The petitioner should consider gathering more substantial and relevant documentation if considering re-application.
