Date of Decision: November 14, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Dancer and Choreographer
Field: Dance
Nationality: India
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Leading or Critical Role:
The petitioner served as a co-founder and artistic director for the I Foundation for the Arts. However, the foundation was not established to have a distinguished reputation, and therefore, this criterion was not considered fully met.
Criteria Not Met:
Published Material About the Petitioner:
The petitioner submitted several articles and reviews from newspapers and media outlets. However, these articles were either not specifically about her, lacked necessary identifying information, or were from regional media not recognized as major media.
Participation as a Judge:
The petitioner provided a letter from a dance school artistic director thanking her for judging a competition. However, there was insufficient detail about the competition’s significance or the specific judging criteria.
Original Contributions of Major Significance:
The petitioner claimed contributions in performance, choreography, movement analysis, workshops, research, and establishing the I Foundation for the Arts. The evidence provided did not demonstrate that these contributions were of major significance in the field of dance.
Key Points from the Decision
Awards and Prizes Won:
No major, internationally recognized awards were presented as evidence.
Published Materials About the Petitioner:
The petitioner provided various articles and reviews but failed to show that these were published in major media or specifically focused on her work.
Original Contributions of Major Significance:
While the petitioner claimed significant contributions across multiple areas, the evidence did not show these contributions to have major significance in the field of dance.
Participation as a Judge:
Insufficient evidence was provided to support the claim of significant judging roles within the field.
Membership in Associations:
No specific associations were detailed in the decision.
Authorship of Scholarly Articles:
No scholarly articles authored by the petitioner were mentioned.
Leading or Critical Role Performed:
The petitioner’s role in the I Foundation for the Arts was not demonstrated to be for an organization with a distinguished reputation.
Artistic Exhibitions or Showcases:
The petitioner’s performances were documented but not shown to have significant impact.
Evidence of High Salary or Remuneration:
No evidence of high salary or remuneration indicative of extraordinary ability was presented.
Commercial Successes in the Performing Arts:
No commercial successes were detailed.
Supporting Documentation
- Performance Reviews: Various articles and reviews, mostly from regional newspapers.
- Judging Letter: A thank-you letter from a dance school.
- Contribution Letters: General praise letters from individuals in the dance community.
- Choreography Documentation: Evidence of choreographed performances without dates or specific impact details.
- Research Papers: Copies of research papers and theses with no evidence of major significance.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria. The evidence provided did not support the claim of sustained national or international acclaim or major significance in the field.
Next Steps: The petitioner may consider gathering more substantial evidence of distinguished reputation, significant contributions, and recognition in the field to strengthen future petitions.
