Date of Decision: DEC. 23, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Lead Singer and Songwriter
Field: Music
Nationality: Armenian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Lesser nationally or internationally recognized prizes or awards for excellence:
The Petitioner has received more than 15 music awards in Armenia between 2008 and 2018. These awards include recognition at the National Music Awards and the Armenian Music Awards, among others, and are accompanied by media coverage demonstrating their national recognition. The Petitioner, as the lead singer and songwriter, was the recipient of most of these awards.
Criteria Not Met:
Published material about the petitioner in professional or major trade publications or other major media:
The Director concluded that the Petitioner did not meet this criterion despite the submission of more than 20 articles about him and his work in newspapers, magazines, and online media. The Director’s analysis did not specifically reference any publication or article, nor the circulation statistics of these publications, and erroneously grouped all evidence under “websites, blogs, and social media.”
Participation as a judge of the work of others in the same or an allied field:
The Petitioner served as a judge for the International Music Contest in 2014 and submitted more than ten evidentiary exhibits to support this claim. The Director only referenced two exhibits and dismissed the rest, incorrectly suggesting that informal evaluations of subordinate employees were being claimed.
Display of the petitioner’s work at artistic exhibitions or showcases:
The Director incorrectly limited this criterion to visual arts and did not review evidence of the Petitioner’s work being featured in artistic showcases. The regulation does not restrict this criterion to visual artists alone.
Leading or critical role for organizations or establishments:
The Petitioner is the founder and lead singer of a band, and submitted evidence of his roles in other organizations. The Director dismissed the band as not being an “organization or establishment” and did not consider additional evidence submitted in response to a request for evidence (RFE).
Key Points from the Decision
Awards and Prizes Won:
The Petitioner demonstrated national recognition through various awards and prizes in Armenia, supported by extensive documentation and media coverage.
Published Materials About the Petitioner:
The Petitioner submitted extensive published materials from legitimate print and online media, which were not adequately reviewed by the Director.
Participation as a Judge:
The Petitioner provided evidence of judging roles, which were not fully considered by the Director.
Artistic Exhibitions or Showcases:
The Petitioner’s work was showcased in artistic exhibitions, a criterion incorrectly dismissed by the Director.
Leading or Critical Role Performed:
The Petitioner held leading roles in multiple organizations, evidence of which was overlooked by the Director.
Supporting Documentation
- Music Awards: Documentation and media coverage of over 15 awards.
- Published Materials: More than 20 articles from various reputable sources.
- Judging Evidence: Exhibits showing the Petitioner’s role as a judge in music competitions.
- Artistic Showcases: Evidence of the Petitioner’s performances in artistic exhibitions.
- Organizational Roles: Documentation of leading roles in various organizations.
Conclusion
Final Determination: The decision of the Director is withdrawn and the matter is remanded for a new decision.
Reasoning:
The Director’s decision lacked a detailed analysis of the evidence submitted. The Director did not fully consider the evidence under several criteria and made erroneous conclusions about the nature of the Petitioner’s submissions.
Next Steps:
The Director is instructed to re-examine the evidence for published materials, judging participation, artistic showcases, and leading roles, and to include a detailed analysis in the new decision.
