Date of Decision: February 28, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
- Profession: Musician and Composer
- Field: Music (Traditional Folk, R&B, Pop, Jazz)
- Nationality: Not specified in the document
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Published Material: The petitioner satisfied the criterion for published material, as recognized by the Director.
Criteria Not Met:
- Original Contributions of Major Significance: The petitioner’s invention of a “fretted/fretless hybrid bass guitar” did not demonstrate originality or major significance. There was insufficient evidence showing that the invention had a significant impact on the field.
- Authorship of Scholarly Articles: The petitioner failed to demonstrate authorship of scholarly articles. The provided evidence did not explicitly list the petitioner as the author and lacked corroborative evidence from the publisher.
- Performing in a Leading or Critical Role: Although claimed, the petitioner did not satisfy this criterion as the evidence provided was deemed insufficient.
Key Points from the Decision
Awards and Prizes Won:
- The petitioner did not provide evidence of receiving a major, internationally recognized award.
Published Materials About the Petitioner:
- Evidence included an article in Bass Magazine dated August 2022, which postdated the petition filing date, rendering it ineligible for consideration.
Original Contributions of Major Significance:
- The invention of a “fretted/fretless hybrid bass guitar” was not sufficiently demonstrated to be of major significance or to have impacted the field significantly.
Participation as a Judge:
- Not applicable in this case.
Membership in Associations:
- Not applicable in this case.
Authorship of Scholarly Articles:
- The petitioner failed to meet the requirements, as the evidence did not clearly indicate his authorship of articles in major trade publications or media intended for learned persons in the field.
Leading or Critical Role Performed:
- Insufficient evidence was provided to demonstrate performing in a leading or critical role.
Artistic Exhibitions or Showcases:
- Not applicable in this case.
Evidence of High Salary or Remuneration:
- Not applicable in this case.
Commercial Successes in the Performing Arts:
- Not applicable in this case.
Supporting Documentation
- Testimonial Letters: Provided, but lacked specific examples of the petitioner’s impact on the field.
- Articles and Publications: Included, but did not meet the required criteria for authorship and significance.
- Personal Statement: Described the petitioner’s invention and experiences but did not provide measurable evidence of impact.
Conclusion
Final Determination:
- The appeal was dismissed due to the petitioner not meeting the initial evidentiary requirements.
Reasoning:
- The petitioner did not provide sufficient evidence to satisfy at least three of the ten regulatory criteria for demonstrating extraordinary ability. The submitted evidence did not demonstrate sustained national or international acclaim or recognition at the top of the field.
Next Steps:
- The petitioner may consider gathering additional evidence to meet the required criteria or explore other visa options suitable for their circumstances.
