Date of Decision: August 19, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Jazz Percussionist and Music Instructor
Field: Jazz Percussion
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published material about the petitioner:
The petitioner provided evidence of an article about him and his work as a drummer published on the website of the Georgian version of an audio equipment manufacturer’s website.
Participation as a judge of the work of others:
The petitioner participated as a judge of the work of other drummers at a student drumming competition in 2011.
Display of his work at artistic showcases:
The petitioner provided evidence of his performances at various music festivals in Georgia and Russia.
Criteria Not Met:
One-time achievement (a major, internationally recognized award):
The petitioner did not provide evidence of a one-time achievement of a major, internationally recognized award.
Receipt of lesser nationally or internationally recognized prizes or awards:
The petitioner did not provide sufficient evidence that the awards received were recognized on a national or international level.
Membership in associations requiring outstanding achievements:
No evidence provided.
Original contributions of major significance:
The petitioner did not provide sufficient evidence to demonstrate that his contributions had major significance in the field of jazz percussion.
Authorship of scholarly articles:
No evidence provided.
Leading or critical role for organizations with a distinguished reputation:
The petitioner did not demonstrate that his roles within various organizations were leading or critical.
High salary or other significantly high remuneration:
The petitioner did not provide evidence to show that his earnings were significantly high compared to others in his field.
Commercial successes in the performing arts:
The petitioner did not demonstrate commercial success in the performing arts.
Key Points from the Decision
Awards and Prizes Won:
- Summary of findings: The petitioner received an award for “Best Drummer,” but the evidence was insufficient to establish its significance on a national or international level.
- Key quotes or references: “This evidence casts doubt upon the Petitioner’s receipt of the claimed award, and even if he did receive it, does not indicate that it represents acclaim for his musicianship beyond a single music club.”
Published Materials About the Petitioner:
- Summary of findings: The petitioner provided an article about his work, but other materials primarily focused on the singer of his band rather than on him.
- Key quotes or references: “The Petitioner has not shown that articles that merely mention his name are of sufficient quality to support his claim of eligibility.”
Original Contributions of Major Significance:
- Summary of findings: The petitioner did not provide sufficient evidence of original contributions of major significance.
- Key quotes or references: “The record does not demonstrate that either the quantity or quality of these performances place the Petitioner as one of the very few at the top of this field.”
Participation as a Judge:
- Summary of findings: The petitioner served as a judge at a student drumming competition.
- Key quotes or references: “The Petitioner has not shown that a single instance of evaluating the performance of non-professionals reflects sustained acclaim.”
Membership in Associations:
- Summary of findings: No evidence provided.
Authorship of Scholarly Articles:
- Summary of findings: No evidence provided.
Leading or Critical Role Performed:
- Summary of findings: The petitioner did not demonstrate leading or critical roles within organizations.
- Key quotes or references: “The record does not show that these performances have been noted in media, received critical acclaim, resulted in commercial success, or otherwise garnered sustained national or international acclaim for the Petitioner.”
Artistic Exhibitions or Showcases:
- Summary of findings: The petitioner performed at various music festivals.
- Key quotes or references: “Although the number and period over which these performances have taken place indicate that he has had a long and active career as a percussionist, the act of performing is inherent to the musical profession.”
Evidence of High Salary or Remuneration:
- Summary of findings: The petitioner did not provide sufficient evidence of high salary or remuneration.
- Key quotes or references: “The record does not demonstrate that his earnings are indicative of acclaim or put him among the few at the top of his field.”
Commercial Successes in the Performing Arts:
- Summary of findings: The petitioner did not demonstrate commercial success in the performing arts.
Supporting Documentation
- Article on Georgian Website: An article about the petitioner and his work as a drummer.
- Judging Work: Evidence of participation as a judge at a student drumming competition.
- Performances: Documentation of performances at various music festivals in Georgia and Russia.
- Awards Documentation: A certificate and photograph of an award received for “Best Drummer.”
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner failed to demonstrate sustained national or international acclaim and did not provide sufficient evidence to meet the evidentiary criteria for the EB-1 classification. The documentation lacked necessary details, corroborative evidence, and objective proof of significant contributions to the field.
Next Steps: The petitioner may consider gathering more detailed and comprehensive evidence to support future petitions or appeals.
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