Date of Decision: April 27, 2021
Service Center: California Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Musician
Field: Music Performance, Composition, and Recording
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Judging: The petitioner served as a voting member for the Grammy Awards on behalf of the Recording Academy and a juror for an orchestra and SoundtRec.com.
Display of Work: The petitioner displayed his work by performing at various artistic and musical venues.
Criteria Not Met:
Published Material: Although there were numerous articles referencing the petitioner, the publications did not qualify as major media.
Leading or Critical Role: The petitioner did not provide sufficient evidence to establish that he performed in a leading or critical role for distinguished organizations.
High Salary or Remuneration: The petitioner did not demonstrate that he commanded a high salary or other significantly high remuneration in relation to others in the field.
Key Points from the Decision
Awards and Prizes Won:
Summary of Findings: The petitioner initially claimed eligibility under the lesser awards criterion but did not pursue this on appeal. The provided evidence was insufficient to establish the criterion.
Published Materials About the Petitioner:
Summary of Findings: The petitioner submitted various articles and media mentions, but they did not qualify as major media. The significance of the publications’ viewership or circulation was not sufficiently demonstrated.
Original Contributions of Major Significance:
Summary of Findings: Not specifically addressed as a met criterion in the decision. The evidence did not show sustained national or international acclaim.
Participation as a Judge:
Summary of Findings: The petitioner served as a juror for prestigious awards and competitions, which was recognized as a met criterion.
Membership in Associations:
Summary of Findings: Not specifically addressed in the decision.
Authorship of Scholarly Articles:
Summary of Findings: Not specifically addressed in the decision.
Leading or Critical Role Performed:
Summary of Findings: The petitioner failed to demonstrate that his roles were leading or critical to the success of distinguished organizations.
Artistic Exhibitions or Showcases:
Summary of Findings: The petitioner displayed his work through performances, which was recognized as a met criterion.
Evidence of High Salary or Remuneration:
Summary of Findings: The petitioner did not demonstrate that his salary or remuneration was significantly high in comparison to others in the field.
Commercial Successes in the Performing Arts:
Summary of Findings: Not specifically addressed in the decision.
Supporting Documentation
List of Supporting Documents: Various articles, contracts, letters of testimony, screenshots, transcripts, and financial documents were submitted but found insufficient to meet the required criteria.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The petitioner did not satisfy at least three of the ten initial evidentiary criteria.
The petitioner did not establish sustained national or international acclaim.
The evidence did not demonstrate that the petitioner is among the small percentage at the very top of the field of endeavor.
Next Steps:
Recommendations or next steps for the petitioner were not provided in the decision. The petitioner may need to gather additional substantial evidence or seek alternative immigration options.
