Date of Decision: AUG. 26, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Music Producer
Field: Music Production
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Leading and Critical Role:
The petitioner demonstrated that he performed a leading and critical role in music production. He was in charge of production and musical direction for his father’s album, which received nominations, and his role was crucial in modernizing the album’s sound.
Commercial Successes in Performing Arts:
The petitioner provided evidence of his involvement in profitable music tours, indicating significant commercial success.
Display at Artistic Exhibitions or Showcases:
The petitioner met this criterion by organizing and directing live performances, including creating new arrangements and stage designs for tours, which were showcased in various artistic exhibitions.
Criteria Not Met:
One-Time Achievement:
The petitioner did not provide evidence of a major, internationally recognized award. Although he received nominations for awards, he did not win, which is required by the regulation.
Key Points from the Decision
Awards and Prizes Won
The petitioner did not meet the criteria for a one-time achievement award. He provided certificates of nominations for awards, but the regulations require actual receipt of an award.
Published Materials About the Petitioner
The petitioner did not present substantial evidence of published material about him that would indicate national or international acclaim. Limited media coverage was not sufficient to establish his top status in the field.
Original Contributions of Major Significance
The petitioner failed to demonstrate original contributions of major significance to the field. While he received recognition within his circle of collaborators, it was not sufficient to prove sustained acclaim.
Participation as a Judge
No evidence was provided to support participation as a judge of the work of others in the same field.
Membership in Associations
There was no documentation showing membership in associations that require outstanding achievements of their members.
Authorship of Scholarly Articles
The petitioner did not submit evidence of authorship of scholarly articles in professional or major trade publications.
Leading or Critical Role Performed
The petitioner satisfied this criterion by proving his leading role in music production projects and tours.
Artistic Exhibitions or Showcases
Evidence showed the petitioner’s involvement in live music performances and stage design, fulfilling this criterion.
Evidence of High Salary or Remuneration
The petitioner presented his income details, but it was not sufficient to prove extraordinary ability based on remuneration.
Commercial Successes in the Performing Arts
The petitioner demonstrated commercial success through his involvement in profitable music tours.
Supporting Documentation
- Certificates of Nominations: Provided for albums produced by the petitioner.
- Letters of Reference: Submitted by various professionals, indicating the petitioner’s role and contributions.
- Financial Documents: Included income details and financial success of music tours.
- Media Articles: Limited articles discussing the petitioner’s work, mostly in the context of his father’s music.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The petitioner did not establish sustained national or international acclaim and recognition in his field. The evidence provided was not sufficient to prove that he is among the small percentage who has risen to the top of the field.
Next Steps:
Recommendations for the petitioner may include gathering more substantial evidence of national or international recognition, such as winning major awards, publishing articles in notable publications, or proving further commercial success and high remuneration.
