Date of Decision: October 12, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Disc Jockey (DJ) and Sound Producer
Field: Arts
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Artistic Exhibitions and Showcases
The Petitioner provided evidence of participating in artistic exhibitions and showcases which was accepted by the Director.
Criterion 2: Participation as a Judge
The Petitioner provided evidence of participating in a casting panel for an event, evaluating participants, which was deemed sufficient to meet this criterion on appeal.
Criteria Not Met:
Criterion 1: Lesser Prizes or Awards
The Petitioner failed to demonstrate receipt of nationally or internationally recognized prizes or awards for excellence in the field.
Criterion 2: Published Material About the Petitioner
The material provided did not meet the standards for professional or major trade publications or other major media.
Criterion 3: Original Contributions of Major Significance
The evidence did not sufficiently demonstrate original contributions of major significance in the field of DJing or sound production.
Criterion 4: Leading or Critical Role
The evidence did not establish that the Petitioner performed in a leading or critical role for organizations or establishments with a distinguished reputation.
Criterion 5: High Salary or Remuneration
The Petitioner failed to provide sufficient evidence of earning a high salary or remuneration compared to others in the field.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner cited the Playlist honor as a significant recognition. However, it was determined that this honor is not a nationally or internationally recognized award for excellence.
Published Materials About the Petitioner:
The Petitioner provided materials from Fashion and Beauty magazine, but it was not established as a professional or major trade publication.
Original Contributions of Major Significance:
Letters and testimonials lacked specifics and were deemed insufficient to prove original contributions of major significance.
Participation as a Judge:
The Petitioner’s involvement in a casting panel for an event was accepted, meeting this criterion.
Membership in Associations:
The Petitioner did not present sufficient evidence to meet this criterion.
Authorship of Scholarly Articles:
No evidence provided or argued on appeal.
Leading or Critical Role Performed:
Recommendation letters and certificates provided were insufficient to demonstrate a leading or critical role in distinguished organizations.
Artistic Exhibitions or Showcases:
Accepted as a met criterion.
Evidence of High Salary or Remuneration:
The Petitioner did not provide adequate evidence to establish a high salary or remuneration.
Commercial Successes in the Performing Arts:
No evidence provided or argued on appeal.
Supporting Documentation
Playlist Honor: Not recognized as an award for excellence.
Fashion and Beauty Magazine Articles: Not established as major trade publications.
Recommendation Letters: Lacked sufficient specifics and supporting evidence.
Contracts and Invoices: Insufficient to establish high salary or remuneration.
Conclusion
Final Determination: Appeal dismissed.
Reasoning:
The Petitioner did not meet the initial evidentiary requirements of three criteria under 8 C.F.R. § 204.5(h)(3). Even upon considering the totality of the evidence, the Petitioner did not demonstrate the acclaim and recognition required for the classification sought. The evidence presented did not substantiate claims of extraordinary ability to the required standard.
Next Steps:
The Petitioner should consider gathering more substantial evidence of national or international recognition and acclaim, particularly in terms of awards, significant contributions, published materials in recognized mediums, and proof of high remuneration. Legal advice may also be beneficial for strengthening the petition.
