Date of Decision: August 14, 2019
Service Center: Nebraska 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:
Published material about the beneficiary in professional or major trade publications or other major media:
The petitioner provided articles published in major media about their musical career.
Criteria Not Met:
Evidence of the beneficiary’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor:
No such awards were documented.
Evidence of the beneficiary’s membership in associations in the field which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields:
The petitioner did not provide evidence of membership in associations that require outstanding achievements.
Evidence of the beneficiary’s participation as a judge of the work of others in the same or allied field of specialization:
There was no documentation supporting participation as a judge.
Evidence of the beneficiary’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field:
No substantial evidence of original contributions of major significance was presented.
Evidence of the beneficiary’s authorship of scholarly articles in the field, in professional or major trade publications or other major media:
There was no evidence provided of authorship of scholarly articles.
Evidence that the beneficiary has been employed in a critical or essential capacity for organizations or establishments that have a distinguished reputation:
The petitioner did not provide sufficient evidence of employment in a critical or essential capacity.
Evidence of the beneficiary’s display of the work at artistic exhibitions or showcases:
There was no documentation supporting the display of work at artistic exhibitions or showcases.
Evidence that the beneficiary has commanded a high salary or other significantly high remuneration for services, in relation to others in the field:
No evidence of commanding a high salary or other significantly high remuneration was provided.
Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales:
The petitioner did not submit evidence of commercial successes in the performing arts.
Key Points from the Decision
Published Materials About the Petitioner:
- The petitioner submitted several articles published in major media about their musical career. These articles highlight the petitioner’s achievements and reputation in the music industry.
Supporting Documentation
The petitioner provided the following supporting documents:
- Articles Published in Major Media: Summarized the petitioner’s achievements in the music industry.
Conclusion
Final Determination: The appeal was dismissed due to insufficient evidence to meet the criteria for EB1 Extraordinary Ability.
Reasoning:
The decision to dismiss the appeal was based on the petitioner’s inability to provide adequate evidence for the majority of the evidentiary criteria required for EB1 classification. The petitioner only met the criterion related to published materials but failed to meet other criteria, such as awards, memberships, judging roles, original contributions, scholarly articles, critical roles, exhibitions, high salary, and commercial successes.
Next Steps:
The petitioner may consider reapplying with additional evidence that satisfies more of the required criteria or explore other immigration options suited to their qualifications and achievements.
