Date of Decision: February 23, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Musician and Maker of Musical Instruments
Field: Folk Music
Nationality: Thai
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Display at artistic exhibitions or showcases (vii): The petitioner demonstrated that he displayed his work in artistic exhibitions or showcases, specifically his handmade musical instruments being used in concerts.
Criteria Not Met:
- Lesser nationally or internationally recognized prizes or awards (i): The petitioner failed to provide sufficient evidence of nationally or internationally recognized awards, lacking proper certification of translations and details about the significance of the awards.
- Published material about the alien in professional or major trade publications or other major media (iii): The petitioner submitted online articles, but did not establish that these were from major media, and translations were incomplete.
- Participation as a judge of the work of others (iv): The petitioner did not provide evidence of serving as a judge of the work of others in the field.
- Leading or critical role for distinguished organizations or establishments (viii): The petitioner did not demonstrate that he held a leading or critical role in organizations with a distinguished reputation.
Key Points from the Decision
Awards and Prizes Won:
- Summary of findings: The awards submitted were primarily local or regional and lacked sufficient evidence of national or international recognition.
Published Materials About the Petitioner:
- Summary of findings: The materials submitted did not meet the standards for major media or professional publications, focusing more on his volunteer activities rather than his musical achievements.
Original Contributions of Major Significance:
- Summary of findings: No evidence was provided to substantiate claims of original contributions that have been widely recognized as significant in the field.
Participation as a Judge:
- Summary of findings: The petitioner did not participate as a judge of the work of others in a manner that met the regulatory requirements.
Membership in Associations:
- Summary of findings: Not applicable.
Authorship of Scholarly Articles:
- Summary of findings: Not applicable.
Leading or Critical Role Performed:
- Summary of findings: The petitioner’s roles were not established as leading or critical within distinguished organizations.
Artistic Exhibitions or Showcases:
- Summary of findings: The petitioner did demonstrate that his work was displayed in artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
- Summary of findings: Not applicable.
Commercial Successes in the Performing Arts:
- Summary of findings: Not applicable.
Supporting Documentation
- Certificates of Awards: Provided but lacked proper certification and details.
- Online Articles: Incomplete translations and not established as major media.
- Letters of Recommendation: Provided but did not establish national or international acclaim.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not meet the required initial evidence of either a one-time major achievement or documents that meet at least three of the ten lesser criteria. The submitted evidence did not support a conclusion of sustained national or international acclaim.
Next Steps: The petitioner may consider gathering more substantial and properly certified evidence that directly addresses the regulatory criteria, or exploring other immigration classifications that may be more suitable for his profile.
