Date of Decision: NOV 19, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Dancer and Choreographer
Field: Bollywood Fusion Dance
Nationality: [Not provided in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Display of Work at Artistic Exhibitions: The Beneficiary’s work in movies and dance productions performed at public venues was recognized.
Leading or Critical Role: The Beneficiary, as the founder and artistic director of the Petitioner organization, received competitive grants and performed well-received public dance productions.
Criteria Not Met:
Receipt of Lesser Recognized Prizes or Awards: The Beneficiary’s grants and scholarship were not considered nationally or internationally recognized awards.
Membership in Associations: The Beneficiary did not claim membership in any particular association requiring outstanding achievements, and the provided comparable evidence did not meet the requirements.
Published Material About the Beneficiary: Articles submitted were incomplete, lacked proper identification, or did not primarily focus on the Beneficiary and his work.
Participation as a Judge: There was no evidence supporting the Beneficiary’s participation as a judge in his field.
Original Contributions of Major Significance: While the Beneficiary created original artistic content, the evidence did not establish the contributions as having a major impact on the field.
Authorship of Scholarly Articles: The Beneficiary did not submit any scholarly articles or comparable evidence.
Commercial Successes in the Performing Arts: The Beneficiary’s work in a commercially successful film did not relate to his field of dance and choreography, nor was his role significant enough to attribute the film’s success to him.
Key Points from the Decision
Awards and Prizes Won: The Beneficiary’s grants and scholarship were not considered nationally or internationally recognized awards.
Published Materials About the Beneficiary: Articles submitted were incomplete or did not focus primarily on the Beneficiary and his work. Additionally, the publication’s significance was not established.
Original Contributions of Major Significance: The Beneficiary created original artistic content, but the impact on the field was not demonstrated to be of major significance.
Participation as a Judge: No evidence supported the Beneficiary’s participation as a judge in his field.
Membership in Associations: The Beneficiary did not claim membership in any associations requiring outstanding achievements, and the provided comparable evidence did not meet the criteria.
Authorship of Scholarly Articles: No scholarly articles or comparable evidence were submitted.
Leading or Critical Role Performed: The Beneficiary served as the founder and artistic director of the Petitioner organization, fulfilling the criterion for leading or critical roles.
Artistic Exhibitions or Showcases: The Beneficiary’s work was displayed in movies and dance productions performed at public venues, meeting the criterion for artistic exhibitions.
Evidence of High Salary or Remuneration: Not applicable.
Commercial Successes in the Performing Arts: The Beneficiary’s work in a film did not relate to his field of dance and choreography, and his role was not significant enough to attribute the film’s success to him.
Supporting Documentation
Citation Records: Provided updated information from Google Scholar and Clarivate Analytics.
Recommendation Letters: Letters from independent experts summarizing the Beneficiary’s research contributions and roles in various studies.
Conclusion
Final Determination: Appeal Dismissed
Reasoning: The evidence did not establish that the Beneficiary received a major, internationally recognized award or met three of the ten criteria for extraordinary ability. The provided documentation did not support a finding that the Beneficiary has established the level of expertise required for the classification sought.
Next Steps: The Petitioner may consider gathering more robust evidence of the Beneficiary’s contributions’ significance and potentially reapplying if additional substantial evidence can be presented. Consulting with an immigration attorney for further guidance and preparation may also be beneficial.
