Date of Decision: August 26, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Musician, Composer, and Music Producer
Field: Music
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: The petitioner received nationally and internationally recognized prizes, including Gold and Double Platinum certifications for his contributions to successful albums.
Published Material About the Petitioner: The petitioner was featured in major media outlets such as the New York Times, NPR, People, Spin, Rolling Stone, and more.
Participation as a Judge of the Work of Others: The petitioner has been a voting member of The Recording Academy since 2015, voting among the nominees for the Grammy Awards.
Commercial Success in the Performing Arts: The petitioner demonstrated commercial success through certified album sales and significant recognition for his contributions as a co-writer and producer on high-selling records.
Criteria Not Met:
The decision does not explicitly mention criteria that were not met; however, it is implied that not all potential criteria were satisfied.
Key Points from the Decision
Awards and Prizes Won:
The petitioner’s work received Gold and Double Platinum certifications from recognized industry authorities based on substantial sales figures.
Published Materials About the Petitioner:
The petitioner was featured in prominent media outlets, including Variety, NPR, People, Spin, and Rolling Stone, highlighting his contributions to the music industry.
Original Contributions of Major Significance:
The document does not provide specific details on this criterion.
Participation as a Judge:
The petitioner has served as a judge by being a voting member of The Recording Academy, participating in the Grammy Awards voting process.
Membership in Associations:
The document does not provide specific details on this criterion.
Authorship of Scholarly Articles:
The document does not provide specific details on this criterion.
Leading or Critical Role Performed:
The petitioner’s work as a co-writer, co-producer, and musician on high-profile albums was recognized, but the document does not specifically categorize this under the “leading or critical role” criterion.
Artistic Exhibitions or Showcases:
The document does not provide specific details on this criterion.
Evidence of High Salary or Remuneration:
The document does not provide specific details on this criterion.
Commercial Successes in the Performing Arts:
The petitioner demonstrated significant commercial success with certified album sales and recognition for his contributions to successful records.
Supporting Documentation
The petitioner submitted a range of documents, including media articles, certification records, and letters of recommendation. These documents collectively established his recognition and sustained acclaim in the music industry.
Conclusion
Final Determination: The appeal was sustained, resulting in the approval of the petition.
Reasoning: The petitioner successfully demonstrated extraordinary ability in the music field through extensive documentation of his achievements. The petitioner provided evidence of sustained national and international acclaim and was recognized among the small percentage at the top of his field. The evidence showed that he met the initial criteria and warranted a positive final merits determination.
Next Steps: The petitioner can proceed with the next steps in his immigration process, as his appeal for classification as an individual of extraordinary ability has been approved.
