Date of Decision: August 8, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Musician
Field: Music
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge of the Work of Others:
The Petitioner provided evidence of serving as a judge for various musical competitions, demonstrating his recognized expertise in evaluating the work of others in his field.
Leading or Critical Role for Organizations with Distinguished Reputations:
The Petitioner demonstrated that he played a leading or critical role in several distinguished music organizations, including his role as a soloist and performer in prominent music events.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards for Excellence:
The Petitioner submitted evidence of receiving an award in 2014. However, the documentation did not establish that this award was nationally or internationally recognized for excellence in the field. The evidence included a letter from the awarding organization, but lacked corroborating documentation such as media coverage or detailed descriptions of the award’s recognition.
Published Material About the Petitioner:
The Petitioner provided articles and interviews published on various websites. However, many of these were considered promotional materials or local publications that did not meet the criteria of being in major media or professional trade publications. Some articles lacked the required details such as the author and date, and others were not accompanied by certified English translations, rendering them inadmissible.
Key Points from the Decision
Awards and Prizes Won:
The award received by the Petitioner was for “honorific mention” in recognition of professional activity. However, it was not established as a nationally or internationally recognized prize.
Published Materials About the Petitioner:
The materials provided were mainly local or promotional in nature and did not meet the criteria of being published in major media or professional trade publications.
Original Contributions of Major Significance:
Not addressed in the decision, suggesting no evidence was presented for this criterion.
Participation as a Judge:
The Petitioner served as a judge in musical competitions, fulfilling this criterion by demonstrating his recognized expertise.
Membership in Associations:
Not addressed in the decision, suggesting no evidence was presented for this criterion.
Authorship of Scholarly Articles:
Not applicable based on the field of music.
Leading or Critical Role Performed:
The Petitioner demonstrated that he played leading or critical roles in distinguished music organizations, but the evidence was insufficient to establish his significant impact on these organizations’ success.
Artistic Exhibitions or Showcases:
Not applicable based on the field of music.
Evidence of High Salary or Remuneration:
Not addressed in the decision, suggesting no evidence was presented for this criterion.
Commercial Successes in the Performing Arts:
Not applicable based on the field of music.
Supporting Documentation
The documentation included letters from professionals, evidence of awards, articles, and interviews. However, these documents did not sufficiently establish the Petitioner’s recognition or meet the required criteria for extraordinary ability.
Conclusion
Final Determination: Appeal dismissed.
Reasoning:
The Petitioner did not submit the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria listed in the regulations. The overall review of the submitted materials did not demonstrate the sustained acclaim and recognition required for the classification sought.
Next Steps:
The Petitioner may consider gathering more robust and detailed evidence to support the criteria that were not met. Ensuring that all documentation includes specific details about the significance and impact of the Petitioner’s contributions on the field is crucial for any future submissions.
