Date of Decision: OCT. 1, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Music Composer and Trombonist
Field: Music
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Judging the work of others: The Petitioner judged singing competitions.
- Artistic exhibitions or showcases: The Petitioner performed at music festivals.
Criteria Not Met:
- Leading or critical role: The Petitioner failed to demonstrate performing in a leading or critical role for an organization with a distinguished reputation.
- High salary or other significantly high remuneration: The Petitioner did not provide adequate evidence of commanding a high salary or significantly high remuneration in relation to others in the field.
Key Points from the Decision
Leading or Critical Role Performed
The Petitioner provided letters of support from various musicians asserting his role as a solo trombonist. However, inconsistencies in the dates and lack of corroborative evidence on the orchestra’s distinguished reputation led to this criterion not being met.
Evidence of High Salary or Remuneration
The evidence submitted, including contracts and bank statements, was not sufficient to demonstrate that the Petitioner earned a high salary compared to others in the field. The provided salary data from the National Statistics Office of Georgia was deemed too broad and not directly comparable.
Supporting Documentation
- Letters of Support: Provided by Georgian musicians but found inconsistent and insufficient.
- Service Agreement and Employment Contract: Detailed compensation but failed to establish high salary compared to field-specific peers.
- Bank Statements: Showed incoming monetary transfers but not adequate for the criterion of high remuneration.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not meet at least three of the ten regulatory criteria required for classification as an individual of extraordinary ability. The evidence provided was found insufficient in demonstrating sustained national or international acclaim.
Next Steps: The Petitioner may consider gathering more substantial and consistent evidence to support a future petition or explore other immigration options.
