Date of Decision: January 22, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Musician, Arranger, and Director
Field: Music, specifically in trombone performance, arrangement, and musical direction
Nationality: Venezuela
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Judging the Work of Others
The petitioner demonstrated participation as a judge by voting for the 2016 Latin Grammy Awards.
Criterion 2: Authorship of Scholarly Articles
The petitioner authored and published two books, showcasing his scholarly contributions to the field of music.
Criteria Not Met:
Criterion 1: Receipt of Lesser Nationally or Internationally Recognized Prizes or Awards
The petitioner received the “Trombonist of the Year” award in 2015 and the “Producer of the Year” award in 2014. However, the evidence provided did not sufficiently demonstrate that these awards are nationally or internationally recognized for excellence in the field of music.
Criterion 2: Membership in Associations Requiring Outstanding Achievements
The petitioner was a member of the Latin Academy of Recording Arts & Sciences (LARAS) and the Venezuelan Association of Performers and Producers of Phonograms (AVINPRO). However, the evidence did not establish that these memberships required outstanding achievements judged by recognized national or international experts.
Criterion 3: Published Material About the Individual
The petitioner submitted articles from various media outlets, but the evidence did not meet the criteria for published material in professional or major trade publications. The articles lacked authorship details, publication dates, and sufficient information to classify the outlets as major media.
Criterion 4: Leading or Critical Role for Distinguished Organizations
The petitioner claimed roles in various musical groups and projects. However, the evidence did not sufficiently demonstrate that he played a leading or critical role in organizations with a distinguished reputation. The broad statements provided by colleagues did not contain detailed and probative information to establish the significance of his contributions.
Key Points from the Decision
Awards and Prizes Won:
The petitioner documented his receipt of two awards, but the supporting evidence was insufficient to demonstrate that these are nationally or internationally recognized prizes for excellence in music.
Published Materials About the Petitioner:
The petitioner provided articles from various media outlets, but the evidence did not meet the regulatory criteria for published material in professional or major trade publications.
Original Contributions of Major Significance:
The petitioner claimed original contributions, but the evidence provided did not sufficiently demonstrate major significance or widespread impact in the field of music.
Participation as a Judge:
The petitioner demonstrated participation as a judge for the Latin Grammy Awards, meeting this criterion.
Membership in Associations:
The petitioner provided evidence of membership in LARAS and AVINPRO, but it did not meet the standard of requiring outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
The petitioner demonstrated authorship of scholarly articles in the form of two published books, meeting this criterion.
Leading or Critical Role Performed:
The petitioner claimed leading roles in various musical groups, but the evidence did not sufficiently demonstrate the significance of his contributions to the success of these organizations.
Supporting Documentation
Articles and Publications: Various articles and publications about the petitioner’s work.
Letters of Reference: Letters from colleagues and associates detailing the petitioner’s contributions and roles.
Award Documentation: Photographs and descriptions of award plaques received.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner did not provide sufficient evidence to meet at least three of the required criteria for demonstrating extraordinary ability. While the petitioner demonstrated participation as a judge and authorship of scholarly articles, the evidence provided did not establish the major significance of his contributions to the field of music. The petitioner did not show that his professional accomplishments placed him among the small percentage at the very top of his field. Additionally, the petitioner did not provide evidence of sustained national or international acclaim required for the classification sought.
Next Steps:
The petitioner may consider gathering more substantial evidence of extraordinary ability, focusing on contributions with demonstrated major significance, awards with national or international recognition, and other achievements that demonstrate standing at the top of the field. Exploring other immigration options that may be more suitable given the evidence available is also recommended.
