Date of Decision: April 23, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Musician
Field: Music (Guitarist and Composer)
Nationality: Colombian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Leading or Critical Role: The petitioner served as a lead guitarist and co-writer for a band that was nominated for a Latin Grammy Award, received significant media coverage, toured nationally and internationally, and enjoyed a distinguished reputation in Colombia.
Artistic Exhibitions or Showcases: The petitioner provided evidence of performing at music festivals and various Colombian arts and cultural events, satisfying the criterion for display of work at artistic exhibitions or showcases.
Criteria Not Met:
Published Material: The petitioner failed to provide properly certified English translations of articles, and did not establish that the publications qualified as major media. The articles did not focus primarily on the petitioner and did not meet the regulatory requirements.
Commercial Success: The petitioner did not adequately document the sales of recorded music. The provided YouTube views did not satisfy the criterion, and the sales achievements (gold and platinum record status) were not sufficiently documented or corroborated with primary evidence.
Key Points from the Decision
Awards and Prizes Won: The petitioner’s band was nominated for a Latin Grammy Award.
Published Materials About the Petitioner: Articles from El Espectador, El Tiempo, and Remezcla were submitted but did not meet the necessary criteria for major media or sufficient focus on the petitioner.
Original Contributions of Major Significance: Not established.
Participation as a Judge: Not established.
Membership in Associations: Not established.
Authorship of Scholarly Articles: Not established.
Leading or Critical Role Performed: Established through the petitioner’s involvement with a distinguished band.
Artistic Exhibitions or Showcases: Established through performances at various events and festivals.
Evidence of High Salary or Remuneration: Not established.
Commercial Successes in the Performing Arts: Not established.
Supporting Documentation
Evidence included articles from El Espectador, El Tiempo, and Remezcla, performance records at various events, and claims of commercial success through gold and platinum records, which were not sufficiently documented.
Conclusion
Final Determination: The appeal is dismissed. The petitioner did not meet the required initial evidence of either a one-time achievement or documentation that meets at least three of the ten criteria. Additionally, the aggregate record does not support a finding of sustained national or international acclaim required for the classification sought.
Reasoning
The petitioner did not sufficiently establish the acclaim and recognition required for the EB1 classification. The evidence provided did not meet the necessary standards, and the significance of the petitioner’s work was not indicative of the sustained national or international acclaim required.
Next Steps
The petitioner may consider reapplying with additional and properly documented evidence that meets the required criteria or exploring other visa classifications that may be more appropriate for their qualifications.
