Date of Decision: January 25, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Musician and Singer
Field: Armenian Pop and Folk Music
Nationality: Armenian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Lesser nationally or internationally recognized prizes or awards: The Petitioner demonstrated that he received national recognition through certain awards, fulfilling this criterion.
- Artistic display: Evidence showed that the Petitioner’s work was displayed artistically, meeting this criterion.
Criteria Not Met:
- Original contributions of major significance: The Petitioner failed to prove that his contributions had a significant impact on the field. Although letters praised his talents, they did not show his work’s major influence.
- Commercial successes in the performing arts: The Petitioner did not provide sufficient evidence of commercial success, such as sales or receipts, to meet this criterion. Metrics from YouTube views were not deemed comparable or sufficient.
Key Points from the Decision
Awards and Prizes Won
The Petitioner presented evidence of receiving the title “Honored Artist” by the President of Armenia and various national awards. However, this was only considered to partially fulfill the lesser recognized awards criterion.
Published Materials About the Petitioner
The appeal did not pursue the initial claim regarding published material about the Petitioner. This criterion was considered abandoned.
Original Contributions of Major Significance
The Petitioner did not demonstrate original contributions that had a significant impact on the field. Letters from peers acknowledged his talents but failed to detail how his work influenced the field broadly or was widely implemented.
Participation as a Judge
The Petitioner did not pursue the claim regarding his role as a judge on appeal, and it was considered abandoned.
Membership in Associations
This criterion was not pursued on appeal and thus abandoned.
Authorship of Scholarly Articles
This criterion was not claimed or met by the Petitioner.
Leading or Critical Role Performed
The Petitioner did not pursue this criterion on appeal, considering it abandoned.
Artistic Exhibitions or Showcases
While evidence showed that the Petitioner performed internationally, it did not suffice to meet this criterion fully.
Evidence of High Salary or Remuneration
The Petitioner did not present evidence to fulfill this criterion.
Commercial Successes in the Performing Arts
The Petitioner provided YouTube metrics as evidence of commercial success, but the evidence was insufficient to meet the criterion of documented sales or box office receipts.
Supporting Documentation
- Letters from Honored Artists of Armenia: These letters praised the Petitioner’s talents but lacked detailed evidence of significant impact.
- YouTube Metrics: Screenshots of YouTube views, which were considered insufficient and not comparable to the regulatory criterion.
Conclusion
Final Determination: The appeal was dismissed, and the initial denial was upheld.
Reasoning: The Petitioner did not meet the evidentiary threshold required for extraordinary ability classification. Despite some national recognition and artistic displays, he failed to prove original contributions of major significance or commercial success as defined by the regulations.
Next Steps: For the Petitioner to improve the chances of future approval, it is recommended to gather more concrete evidence of major contributions to the field, demonstrate significant commercial success, and possibly seek guidance on fulfilling specific regulatory criteria more robustly.
