Date of Decision: February 24, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Music Composer and Director
Field: Music Direction and Composition, with a specialization in Georgian folklore and liturgical music
Nationality: [Not specified in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Awards and Prizes:
- The Petitioner has received accolades as a Georgian liturgical music director and composer.
- Membership in Associations:
- The document references the Petitioner’s association with Georgian folklore and liturgical music, implying a specialized community or association within this field.
Criteria Not Met:
- Prospective Work in the United States:
- The Director concluded that the Petitioner did not establish that he will continue to work in the United States in his area of expertise.
- Substantial Benefit to the United States:
- The Petitioner did not demonstrate his entry into the country will substantially benefit the United States in a prospective manner.
Key Points from the Decision
Awards and Prizes Won:
- The Petitioner has been recognized in his field, specifically in Georgian folklore and liturgical music, but the Director’s decision did not fully analyze or support this recognition.
Published Materials About the Petitioner:
- Not explicitly mentioned in the decision.
Original Contributions of Major Significance:
- The Petitioner’s contributions are acknowledged, but the Director did not sufficiently explain or support how these contributions meet the required criteria.
Participation as a Judge:
- Not mentioned in the document.
Membership in Associations:
- The Petitioner is recognized in a specialized subset of his field, which could imply membership or recognition by specific associations.
Authorship of Scholarly Articles:
- Not mentioned in the document.
Leading or Critical Role Performed:
- The Director acknowledged the Petitioner is at the top of his field but did not provide detailed analysis or criteria to support this claim.
Artistic Exhibitions or Showcases:
- Not explicitly mentioned in the decision.
Evidence of High Salary or Remuneration:
- Not mentioned in the document.
Commercial Successes in the Performing Arts:
- Not mentioned in the document.
Supporting Documentation
- Initial Filing: The Petitioner characterized himself as seeking classification under the preference category “specifically in music direction and composition.”
- Director’s Review: Lacked analysis on which regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x) the Petitioner has satisfied and their sustained national or international acclaim.
- Field Definition: The Director may need to reconsider the Petitioner’s field more broadly, beyond just Georgian folklore and liturgical music.
Conclusion
Final Determination: The Director’s decision is withdrawn and the case is remanded for a new decision.
Reasoning:
- The Director’s denial lacked detailed analysis and did not support the conclusion that the Petitioner is at the very top of his field.
- The field of expertise was considered too narrowly, limiting the evaluation of the Petitioner’s achievements and stature.
Next Steps:
- The Nebraska Service Center should provide a detailed explanation of which regulatory criteria the Petitioner’s evidence has met.
- A broader consideration of the Petitioner’s field should be conducted to ensure a comprehensive evaluation of his eligibility for the EB1 classification.
