Date of Decision: January 16, 2025
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Music Composer
Field: Arts (Music Composition)
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met
- Published Material About the Petitioner (8 C.F.R. § 204.5(h)(3)(iii)): The Director accepted evidence of published articles referencing the petitioner’s work.
- Leading or Critical Role in Distinguished Organizations (8 C.F.R. § 204.5(h)(3)(viii)): Accepted based on documented evidence of the petitioner’s significant role as a composer in recognized film productions.
Criteria Not Met
- Lesser Nationally or Internationally Recognized Prizes or Awards (8 C.F.R. § 204.5(h)(3)(i)): Petitioner cited a “Best Original Song” award at an international monthly film festival. USCIS determined the award lacked evidence of significance beyond the context of the festival. No proof was provided that the award achieved recognition in the broader music or film composition field.
- Display of Work at Artistic Exhibitions or Showcases (8 C.F.R. § 204.5(h)(3)(vii)): Submitted evidence of music featured in Netflix films and IMDb credits. USCIS ruled that while the petitioner’s music was an artistic component of films, it was heard but not “displayed” as required by the regulation. Streaming distribution was not deemed equivalent to an exhibition or showcase of his individual work.
Key Points from the Decision
- Award Insufficient: “Best Original Song” award lacked evidence of national or international recognition.
- Display Criterion Misapplied: Music in films available on Netflix did not qualify as a “display” of his work.
- Threshold Not Met: With only two criteria satisfied, the petitioner fell short of the three required.
- Restrictive Standard: USCIS emphasized EB-1 classification is reserved for a small percentage at the very top of the field, citing precedent cases.
Final Merits Determination
The AAO dismissed the appeal, concluding the petitioner failed to demonstrate eligibility by satisfying at least three criteria. The record did not establish sustained acclaim or recognition consistent with being at the very top of the music composition field.
Supporting Documentation
- Published Material Evidence: Articles referencing the petitioner’s contributions.
- Leadership Evidence: Documentation of leading or critical role in recognized film projects.
- Awards Evidence: “Best Original Song” monthly film festival award (not qualifying).
- Display Evidence: Netflix film credits and IMDb listings (not qualifying).
Conclusion
Final Determination: Appeal dismissed.
Reasoning: The petitioner established two criteria but failed to meet the regulatory threshold of three. Evidence did not demonstrate sustained acclaim or recognition as required for EB-1 classification.
