Date of Decision: August 5, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Music Producer and Director
Field: Music Production and Direction
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
The petitioner claimed eligibility under five regulatory criteria, but the Administrative Appeals Office (AAO) determined that he did not satisfy the requirements for any.
Criteria Not Met:
- Lesser Nationally or Internationally Recognized Prizes or Awards:
- The petitioner submitted evidence of receiving the “Catholic Producer of the Year” award in 2019 and 2020.
- The AAO determined that this award was limited to Catholic music producers in Nicaragua and lacked national or international recognition within the broader field of music production.
- Other awards, such as the Alma Mater Prize, were also deemed regionally limited and unrelated to music production excellence.
- Original Contributions of Major Significance:
- The petitioner presented letters describing his impact on Christian music in Nicaragua.
- The AAO concluded that while his contributions were valuable to the Catholic community, they did not demonstrate major significance in the broader field of music production.
- Commercial Success in the Performing Arts:
- The petitioner cited views on digital platforms and submitted evidence of producing albums and live concerts.
- However, the AAO found no documentation of commercial success, such as box office receipts or sales data, as required by 8 C.F.R. § 204.5(h)(3)(x).
- Performance in a Leading or Critical Role:
- Evidence showed the petitioner led projects in Christian music production.
- The AAO determined that these roles did not establish critical contributions in the larger field of music production.
- Published Material About the Petitioner:
- Articles submitted primarily focused on religious music events and lacked evidence of publication in major trade or professional media.
Key Points from the Decision
Awards Evidence:
The petitioner’s awards were limited in scope to Catholic music production in Nicaragua, failing to meet the broader national or international recognition standard.
Original Contributions:
Letters of support praised the petitioner’s influence in religious music but lacked evidence of industry-wide adoption or major significance in music production.
Commercial Success:
No evidence of significant sales, receipts, or box office performance for his albums or concerts was provided.
Published Material:
The petitioner’s media coverage did not demonstrate prominence in professional or trade publications of major standing.
Final Merits Determination Not Reached:
Since the petitioner did not meet at least three regulatory criteria, the AAO did not conduct a final merits determination.
Supporting Documentation
Awards Evidence: Documentation of regionally limited awards, such as the “Catholic Producer of the Year.”
Contribution Evidence: Letters from colleagues and religious leaders highlighting his influence in Christian music.
Media Coverage: Articles focusing on religious music events, lacking prominence in major media.
Commercial Success Evidence: Insufficient documentation of sales or performance success.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner did not meet any of the regulatory criteria under 8 C.F.R. § 204.5(h)(3). The record failed to demonstrate sustained national or international acclaim or recognition as one of the small percentage at the very top of his field.
