Date of Decision: August 10, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Musician and Music Producer
Field: Music Industry
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published Material: The petitioner provided articles about his work published by major newspapers such as The New York Times and Los Angeles Times and industry publications like Billboard and Rolling Stone.
Participation as a Judge: The petitioner participated on a jury panel for the 2008 short film competition at a festival, judging music videos within his field of expertise.
Display in Artistic Showcases or Exhibitions: The petitioner performed at numerous music festivals and venues, which were considered artistic showcases.
Key Points from the Decision
Awards and Prizes Won:
Not applicable, as no specific awards or prizes were discussed.
Published Materials About the Petitioner:
The petitioner provided significant media coverage from major publications recognizing his career and contributions to the music industry. This included a Los Angeles Times profile highlighting his rise to a significant position in a major record label and consistent coverage by Billboard magazine.
Original Contributions of Major Significance:
The petitioner’s work as a producer, recording artist, and touring musician was widely recognized. He produced albums for Grammy-winning artists, created remixes for renowned musicians, and his work was featured in major advertising campaigns, films, television shows, and video games.
Participation as a Judge:
The petitioner successfully demonstrated his role as a judge by participating in a festival jury panel, selecting winners in music video categories.
Membership in Associations:
Not applicable, as no membership in associations was discussed.
Authorship of Scholarly Articles:
Not applicable, as no authorship of scholarly articles was discussed.
Leading or Critical Role Performed:
The petitioner held significant positions in the music industry, including label manager, general manager, and head of artists and repertoire (A&R), significantly impacting the market and developing successful artists.
Artistic Exhibitions or Showcases:
The petitioner performed at numerous high-profile music festivals and venues, showcasing his work as an artist.
Evidence of High Salary or Remuneration:
Not applicable, as no evidence of high salary or remuneration was discussed.
Commercial Successes in the Performing Arts:
The petitioner’s commercial success was evident through his involvement in high-grossing films, acclaimed video games, and advertising campaigns for major brands.
Supporting Documentation
Reference Letters: Provided letters from industry professionals recognizing the petitioner’s significant impact and contributions to the music industry.
Published Articles: Included numerous articles from major publications highlighting the petitioner’s career and achievements.
Festival Participation: Documentation of the petitioner’s performances at major music festivals and his role in judging music video competitions.
Conclusion
Final Determination: The appeal was sustained.
Reasoning: The petitioner met the initial evidentiary criteria and demonstrated sustained national and international acclaim with extensive documentation of his achievements. He also showed intent to continue working in his field and that his contributions would substantially benefit the United States.
Next Steps: The petitioner is recognized as an individual of extraordinary ability and qualifies for the EB1 classification.
