Date of Decision: January 25, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Figure Skater
Field: Arts
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Evidence of display of the alien’s work in the field at artistic exhibitions or showcases
The Petitioner provided evidence of his skating performances in various arenas and ice rinks, which was accepted as satisfying this criterion.
Criteria Not Met:
Published material about the alien in professional or major trade publications or other major media
The Petitioner submitted various articles and media mentions; however, these were deemed to be about the productions he participated in rather than specifically about his individual achievements. Additionally, the Petitioner did not provide adequate proof that the publications are considered major media.
Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation
The Petitioner claimed roles as a principal performer and line captain for a prominent production company. While recommendation letters highlighted his contributions to various shows, the evidence did not demonstrate that his roles were critical to the success of the overall organization.
Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field
The Petitioner provided salary comparisons with a few other individuals from his employer. However, this evidence was insufficient to establish that his salary was high relative to others performing similar work in the broader field of ice skaters.
Key Points from the Decision
Awards and Prizes Won: Not applicable
Published Materials About the Petitioner:
The Petitioner failed to provide substantial published material specifically about his work and achievements. The articles submitted were about the productions and mentioned him as part of a group, which does not satisfy the criteria.
Original Contributions of Major Significance: Not applicable
Participation as a Judge: Not applicable
Membership in Associations: Not applicable
Authorship of scholarly articles: Not applicable
Leading or critical role performed:
The Petitioner’s role as a principal performer and line captain was not established as critical to the success of the overall organization.
Artistic Exhibitions or Showcases:
The Petitioner’s participation in various skating performances at different venues was accepted as evidence of artistic display.
Evidence of High Salary or Remuneration:
The Petitioner’s salary, although higher than a few of his colleagues, was not proven to be high in relation to the broader field of ice skaters.
Commercial successes in the Performing Arts: Not applicable
Supporting Documentation
The Petitioner submitted various documents, including articles, media mentions, recommendation letters, and salary comparisons. However, these were not sufficient to meet the necessary criteria for the EB1 Extraordinary Ability classification.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not submit sufficient evidence to meet at least three of the ten criteria required for classification as an individual of extraordinary ability. Furthermore, a comprehensive review of the record did not demonstrate that the Petitioner has achieved the sustained national or international acclaim necessary for the classification sought.
Next Steps:
The Petitioner may consider gathering additional evidence to better demonstrate extraordinary ability in the required criteria or explore other immigration pathways that might be more suitable for his qualifications. Consulting with an immigration attorney for further guidance would be advisable.
