Date of Decision: January 26, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Irish Dance Teacher
Field: Arts (Irish Dance)
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Judging: The Petitioner served as an adjudicator at various Irish dance competitions, demonstrating her participation as a judge in her field.
Criteria Not Met:
Awards: The Petitioner did not provide documentation to demonstrate her own receipt of nationally or internationally recognized prizes or awards for excellence in her field.
Memberships: The Petitioner did not establish that her membership in certain organizations required outstanding achievements judged by recognized national or international experts.
Published Material: The provided articles were mainly about the Petitioner’s students and their achievements, not specifically about the Petitioner and her work. Additionally, the Petitioner did not demonstrate that these articles were published in major media.
Original Contributions: While letters of recommendation praised the Petitioner’s teaching and choreography, they did not provide specific evidence of contributions of major significance to the field.
Leading or Critical Role: The Petitioner was recognized as having played a critical role in her dance school, with various documents supporting her influence on the success of the school.
High Salary: The Petitioner did not provide sufficient evidence comparing her salary to other professionals in the same field to establish that she commands a high salary relative to others.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner did not demonstrate her own receipt of nationally or internationally recognized prizes or awards for excellence in her field.
Published Materials About the Petitioner:
The articles provided were about the Petitioner’s students and the dance school rather than her own work and achievements. The Petitioner also failed to prove that these articles were published in major media.
Original Contributions of Major Significance:
While the Petitioner was praised for her teaching and choreography, the letters did not provide concrete evidence of contributions of major significance.
Participation as a Judge:
The Petitioner served as an adjudicator at Irish dance events, meeting the criteria for participation as a judge.
Membership in Associations:
The Petitioner’s membership in dance associations did not require outstanding achievements as judged by national or international experts, thus not meeting the criteria.
Leading or Critical Role Performed:
The Petitioner played a critical role at her dance school, as supported by various documents highlighting her influence and contributions.
Evidence of High Salary or Remuneration:
The Petitioner did not provide sufficient evidence to show that her salary is high relative to others in the field.
Supporting Documentation
The Petitioner provided:
Letters of recommendation from colleagues and dance schools.
Articles mentioning her students’ achievements.
Documentation of her role as an adjudicator.
Salary information and statements regarding her remuneration from workshops.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The Petitioner did not meet the initial evidence requirements of either a one-time major achievement or documentation fulfilling at least three of the ten regulatory criteria. The provided documentation, when reviewed in totality, did not establish that the Petitioner has achieved the level of expertise required for classification as an individual of extraordinary ability.
Next Steps:
The Petitioner may consider gathering more comprehensive evidence that directly addresses the regulatory criteria, particularly focusing on demonstrating her own achievements and contributions to the field.
