Date of Decision: October 25, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Dancer and Choreographer
Field: Performing Arts
Nationality: [Not provided]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge: The Petitioner provided evidence of serving as a judge on a dance television show. This criterion is met as per 8 C.F.R. § 204.5(h)(3)(iv).
Display of Work in Artistic Exhibitions or Showcases: The Petitioner presented evidence of her performances in artistic exhibitions and showcases. This criterion is met under 8 C.F.R. § 204.5(h)(3)(vii).
Criteria Not Met:
Membership in Associations: The Petitioner did not demonstrate that the dance teams she participated in required outstanding achievements for membership, as judged by recognized experts. Thus, this criterion under 8 C.F.R. § 204.5(h)(3)(ii) is not met.
Published Material About the Petitioner: The Petitioner provided video interviews posted on various websites. However, these did not meet the requirement of being in major trade publications or other major media. Therefore, this criterion under 8 C.F.R. § 204.5(h)(3)(iii) is not met.
Leading or Critical Role: The Petitioner did not sufficiently demonstrate that her roles as a dancer and choreographer were leading or critical to the success of the television shows or organizations. Thus, this criterion under 8 C.F.R. § 204.5(h)(3)(viii) is not met.
High Salary or Remuneration: The Petitioner presented a contract indicating a one-time project salary. However, she did not provide comparative evidence to show that her remuneration was significantly high relative to others in her field. This criterion under 8 C.F.R. § 204.5(h)(3)(ix) is not met.
Key Points from the Decision
Awards and Prizes Won:
Findings: The Petitioner did not submit evidence of receiving major, internationally recognized awards.
Published Materials About the Petitioner:
Findings: The Petitioner failed to provide sufficient published material in major trade publications or media about her work.
Original Contributions of Major Significance:
Findings: Not applicable in this case.
Participation as a Judge:
Findings: The Petitioner met this criterion by providing evidence of judging on a dance television show.
Membership in Associations:
Findings: The Petitioner did not meet this criterion due to insufficient evidence of the associations requiring outstanding achievements judged by experts.
Authorship of Scholarly Articles:
Findings: Not applicable in this case.
Leading or Critical Role Performed:
Findings: The Petitioner did not demonstrate leading or critical roles within organizations or establishments.
Artistic Exhibitions or Showcases:
Findings: The Petitioner met this criterion by providing evidence of her performances in exhibitions and showcases.
Evidence of High Salary or Remuneration:
Findings: The Petitioner did not provide sufficient evidence to show a high salary or significantly high remuneration in comparison to peers.
Commercial Successes in the Performing Arts:
Findings: Not applicable in this case.
Supporting Documentation
Articles and Reviews: Various articles and reviews about the Petitioner’s achievements in dance.
Recommendation Letters: Letters from colleagues and experts supporting the significance of the Petitioner’s contributions to the field of dance and choreography.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The Petitioner did not submit the required initial evidence of either a one-time major achievement or documentation meeting at least three of the ten criteria for extraordinary ability. While the Petitioner met two of the criteria, the evidence did not establish sustained national or international acclaim or demonstrate that the Petitioner is among the small percentage at the very top of her field.
Next Steps:
The Petitioner may consider gathering more robust evidence of her 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.
