Date of Decision: FEB. 15, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Musician
Field: Latin Reggae Music
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published Material: The Petitioner provided several articles published about him and his performances, including those in major media like Rolling Stone and El Nacional. These publications qualified as major media based on their circulation statistics.
Participation as a Judge: The Petitioner served as a judge for the 2012 awards and as a member of the jury for the 2013 awards.
Artistic Display: The Petitioner fulfilled the criterion for display through his performances at concerts and other music events.
Criteria Not Met:
Awards: The Petitioner received an award in 2011 and another in 2017, but failed to demonstrate that these awards were recognized at a national or international level.
Membership in Associations: The Petitioner became a member of a relevant association only after the petition was filed, which does not contribute to the sustained national or international acclaim required.
Significant Contributions: The letters from colleagues and former band members did not sufficiently establish the Petitioner’s impact or influence as required.
Critical or Leading Role: The Petitioner did not show how his roles brought sustained national or international acclaim.
Commercial Success: The Petitioner did not provide sufficient evidence of commercial success for his solo career or his new band post-2012.
Key Points from the Decision
Awards and Prizes Won:
- The Petitioner provided evidence of awards won but failed to demonstrate their national or international recognition.
Published Materials About the Petitioner:
- Articles about the Petitioner were published in major media but did not demonstrate sustained acclaim for his solo career or new band post-2012.
Original Contributions of Major Significance:
- Letters from colleagues and former band members claimed contributions but lacked corroborative evidence.
Participation as a Judge:
- The Petitioner judged local events, but without evidence of national or international prestige.
Membership in Associations:
- Membership began post-petition filing, lacking significance or prestige.
Leading or Critical Role Performed:
- Evidence provided did not establish sustained acclaim for roles played.
Artistic Exhibitions or Showcases:
- Performances documented but did not show national or international acclaim.
Evidence of High Salary or Remuneration:
- Not applicable as evidence was not provided.
Commercial Successes in the Performing Arts:
- Claims of album sales were not sufficiently evidenced to show significant commercial success.
Supporting Documentation
- Articles in Rolling Stone and El Nacional: Demonstrated some recognition but lacked evidence of sustained acclaim.
- Certificates of Judging: Local events with insufficient prestige.
- Letters from Colleagues and Band Members: Claimed contributions and impact but lacked corroboration.
- Concert Flyers and Event Posters: Did not demonstrate national or international acclaim.
Conclusion
Final Determination: Appeal dismissed.
Reasoning: The Petitioner did not establish sustained national or international acclaim as required for the EB1 classification.
Next Steps: The Petitioner may consider gathering additional documentation or evidence that meets the criteria for a future petition or appeal.
