Date of Decision: September 24, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Guitarist
Field: Music and Performing Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge of the Work of Others:
The record contains evidence showing that the Petitioner participated as a judge for a talent show of aspiring young singers in Pakistan. This role demonstrated his recognized expertise in evaluating the work of others in his field.
Display of Work at Artistic Exhibitions or Showcases:
The Petitioner performed before audiences at concerts and other music events. These performances are considered artistic exhibitions or showcases, meeting this criterion.
Criteria Not Met:
Lesser National or Internationally Recognized Prizes or Awards:
The Petitioner did not provide sufficient evidence to demonstrate that his prizes or awards are nationally or internationally recognized for excellence in the field. The screenshots and letters provided did not establish the recognition required for this criterion.
Published Material About the Petitioner:
The record does not reflect that the Petitioner provided published material about him in professional or major trade publications or other major media. The material submitted was about his band rather than about him individually, and it lacked necessary details such as the title, date, and author.
Commercial Successes in the Performing Arts:
The Petitioner provided screenshots from YouTube and Coke Studio but did not offer evidence of his commercial successes through receipts or sales. The evidence did not demonstrate that his presence on these platforms resulted in a volume of sales reflecting commercial success compared to other musicians or guitarists.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner’s receipt of awards at certain events was not shown to be nationally or internationally recognized for excellence in his field.
Published Materials About the Petitioner:
The materials provided were about the band he performed with, not about him individually. Additionally, these materials lacked the required details and were not shown to be from major media.
Original Contributions of Major Significance:
Not addressed in the decision, suggesting no evidence was presented for this criterion.
Participation as a Judge:
The Petitioner served as a judge for a talent show in Pakistan, meeting this criterion by demonstrating his recognized expertise.
Membership in Associations:
Not addressed in the decision, suggesting no evidence was presented for this criterion.
Authorship of Scholarly Articles:
Not applicable based on the field of music and performing arts.
Leading or Critical Role Performed:
Not addressed in the decision, suggesting no evidence was presented for this criterion.
Artistic Exhibitions or Showcases:
The Petitioner’s performances at concerts and music events are considered artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
Not addressed in the decision, suggesting no evidence was presented for this criterion.
Commercial Successes in the Performing Arts:
The evidence provided did not meet the requirements for demonstrating commercial success through sales or receipts.
Supporting Documentation
The documentation included screenshots from various websites, letters of acknowledgement, evidence of participation as a judge, and records of performances. However, these documents did not sufficiently establish the Petitioner’s recognition or commercial success as required.
Conclusion
Final Determination: Appeal dismissed.
Reasoning:
The Petitioner did not submit the required initial evidence of a major, internationally recognized award or documents that meet at least three of the ten criteria listed in the regulations. The overall review of the submitted materials did not demonstrate the sustained acclaim and recognition required for the classification sought.
Next Steps:
The Petitioner may consider gathering more robust and detailed evidence to support the criteria that were not met. Ensuring that all documentation includes specific details about the significance and impact of the Petitioner’s contributions on the field is crucial for any future submissions.
