Date of Decision: AUG. 7, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Jazz Pianist
Field: Jazz Music
Nationality: South American
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Published material about the alien in professional or major trade publications: The Director initially found that sufficient documentation was provided.
- Evidence of the alien’s participation as a judge of the work of others: The Petitioner judged musicians at jazz festivals, fulfilling this criterion.
- Evidence of the display of the alien’s work at artistic exhibitions or showcases: The Petitioner performed at concerts and other music events.
Criteria Not Met:
- Receipt of lesser nationally or internationally recognized prizes or awards: The Petitioner’s third prize in a competition and a second prize at a national piano competition were not recognized for excellence in the field.
- Evidence of performance in a leading or critical role: The provided documentation did not establish that the ensembles had distinguished reputations or that the Petitioner’s roles were critical.
Key Points from the Decision
Published Materials About the Petitioner:
- Documentation did not sufficiently demonstrate that the publications were major media, and some articles were not exclusively about the Petitioner.
Original Contributions of Major Significance:
- There is no evidence provided in the appeal that supports original contributions of major significance in the field of jazz music.
Participation as a Judge:
- Verified by participation as a judge at various jazz festivals, meeting the criterion effectively.
Artistic Exhibitions or Showcases:
- Confirmed through performances at various music events and concerts.
Supporting Documentation
- Press releases, articles, and letters of recommendation were submitted, but these did not establish the required level of recognition or critical impact needed in the field of jazz music.
Conclusion
Final Determination: The Petitioner’s appeal is dismissed due to failure to meet the required evidentiary criteria for classification as an individual of extraordinary ability in jazz music.
Reasoning:
- Despite partial satisfaction of some criteria, the overall evidence was insufficient to demonstrate extraordinary ability as defined under USCIS guidelines.
Next Steps: - The Petitioner may consider gathering more robust evidence of distinction in the field or seek other avenues for immigration.
