Date of Decision: February 9, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Figure Skating Choreographer and Coach
Field: Figure Skating
Nationality: [Not specified in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Judging the Work of Others:
- The Petitioner provided evidence of judging the work of others in her field, which was found sufficient to meet this criterion.
Criteria Not Met:
Membership in Associations:
- The Petitioner did not establish that the associations she is a member of require outstanding achievements judged by recognized experts.
Published Material:
- The Petitioner provided an article from championat.com. However, it did not meet the requirement of being scholarly and intended for learned persons in the field.
Original Contributions of Major Significance:
- The evidence provided did not sufficiently demonstrate original contributions of major significance in her field.
Authorship of Scholarly Articles:
- The Petitioner did not provide evidence of authorship of scholarly articles in professional or major trade publications or other major media.
Display of Work:
- The Petitioner did not rebut the adverse determination regarding the display of her work at artistic exhibitions or showcases on appeal.
High Salary or Remuneration:
- The Petitioner provided evidence of remuneration for two weeks of work, which was not considered sufficient to demonstrate high salary or significantly high remuneration in relation to others in the field.
Key Points from the Decision
Awards and Prizes Won:
- No evidence provided or mentioned.
Published Materials About the Petitioner:
- The material provided was not considered sufficient to meet the criteria for published material about the Petitioner.
Original Contributions of Major Significance:
- The Petitioner did not sufficiently demonstrate that her work is of major significance in the field of figure skating.
Participation as a Judge:
- The evidence provided for judging was accepted as meeting this criterion.
Membership in Associations:
- The Petitioner failed to demonstrate that her memberships required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
- The Petitioner did not meet the criteria for authorship of scholarly articles.
Leading or Critical Role Performed:
- No evidence provided or mentioned.
Artistic Exhibitions or Showcases:
- The Petitioner did not meet the criteria for display of work at artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
- The evidence provided was not sufficient to demonstrate high salary or significantly high remuneration in relation to others in the field.
Commercial Successes in the Performing Arts:
- No evidence provided or mentioned.
Supporting Documentation
- Judging Evidence: Accepted.
- Membership Evidence: Lacked proper documentation of membership requirements.
- Published Material: Did not meet scholarly article standards.
- High Salary Evidence: Insufficient due to limited time frame and lack of comparative data.
Conclusion
Final Determination: Appeal dismissed.
Reasoning: The Petitioner did not meet the initial evidence requirements of either a one-time achievement or documentation satisfying at least three of the ten regulatory criteria. The totality of the evidence did not demonstrate sustained national or international acclaim or that the Petitioner is among the small percentage at the very top of her field.
Next Steps:
- The Petitioner should consider gathering more substantial evidence that meets the specific regulatory criteria if they choose to reapply. This may include obtaining certified translations for all foreign language documents and providing detailed documentation of memberships and remuneration in comparison to industry standards.
