Date of Decision: February 11, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Folk Singer
Field: Serbian Folk Music
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion: None met.
Description: The petitioner did not meet any of the required criteria to establish extraordinary ability.
Criteria Not Met:
Awards and Prizes:
Description: The petitioner did not demonstrate receipt of a major, internationally recognized award.
Membership in Associations:
Description: No evidence of membership in associations that require outstanding achievements.
Published Material About the Petitioner:
Description: Articles submitted were not from professional or major trade publications, and some translations lacked the required authorship information.
Original Contributions of Major Significance:
Description: The petitioner did not establish contributions of major significance in the field.
Participation as a Judge:
Description: Evidence submitted on appeal, not reaching final merits determination.
Artistic Exhibitions or Showcases:
Description: Evidence submitted on appeal, not reaching final merits determination.
Leading or Critical Role:
Description: The petitioner did not demonstrate a leading or critical role for organizations with a distinguished reputation.
Key Points from the Decision
Awards and Prizes Won:
Summary of Findings: The petitioner did not present evidence of a one-time major, internationally recognized award.
Key Quotes or References:
“The Petitioner must establish that all eligibility requirements for the immigration benefit have been satisfied from the time of filing and continuing through adjudication.”
Published Materials About the Petitioner:
Summary of Findings: Submitted articles did not qualify as being from major trade publications, and translations were incomplete.
Key Quotes or References:
“The translation for the article from grand. online did not contain the required author of the material.”
Original Contributions of Major Significance:
Summary of Findings: The petitioner’s work was not shown to be of major significance within the field.
Key Quotes or References:
“The Petitioner continues to engage in promising work… but she has not shown that, as of the time of filing, she had made original contributions of major significance in the field.”
Participation as a Judge:
Summary of Findings: Submitted evidence was not considered due to failure to meet the initial three criteria.
Key Quotes or References:
“As the Petitioner cannot fulfill the initial evidentiary requirement of three criteria under 8 C.F.R. § 204.5(h)(3), we reserve these issues.”
Membership in Associations:
Summary of Findings: No substantial evidence provided for membership in prestigious associations.
Key Quotes or References: Not explicitly quoted.
Authorship of Scholarly Articles:
Summary of Findings: Not applicable.
Key Quotes or References: Not applicable.
Leading or Critical Role Performed:
Summary of Findings: Evidence of playing a leading or critical role was insufficient.
Key Quotes or References: Not explicitly quoted.
Artistic Exhibitions or Showcases:
Summary of Findings: Evidence was insufficient.
Key Quotes or References: Not explicitly quoted.
Evidence of High Salary or Remuneration:
Summary of Findings: Not applicable.
Key Quotes or References: Not applicable.
Commercial Successes in the Performing Arts:
Summary of Findings: Not applicable.
Key Quotes or References: Not applicable.
Supporting Documentation
Summary: The petitioner provided translations of articles and other documents which failed to meet the required evidentiary standards. Specific articles lacked authorship and were published post-petition.
Conclusion
Final Determination:
Summary: The appeal was dismissed as the petitioner did not meet the requisite criteria for demonstrating extraordinary ability.
Reasoning:
Summary: The petitioner failed to provide sufficient evidence to satisfy at least three of the ten required criteria, and thus did not meet the threshold for extraordinary ability classification.
Next Steps:
Recommendations: The petitioner may consider gathering more substantial evidence of meeting the criteria, particularly focusing on recognized awards, memberships, and original contributions, before reapplying.
