Date of Decision: OCT. 9, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Musician
Field: Arts
Nationality: Venezuela
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Awards: The Petitioner claimed recognition for national or international awards. He presented evidence of receiving an individual award certificate along with the statuette awarded to his band in Venezuela.
- Published Materials: Evidence was provided showcasing published materials about the Petitioner.
- Original Contributions: The Petitioner demonstrated original contributions of major significance in his field.
- Membership in Associations: The Petitioner showed membership in associations requiring outstanding achievements.
Criteria Not Met:
- Judge Participation: The Petitioner did not provide sufficient evidence of participating as a judge of the work of others.
- High Salary: Insufficient evidence was presented to prove that the Petitioner received a high salary compared to others in the field.
Key Points from the Decision
Awards and Prizes Won:
- Summary of Findings: The Petitioner provided documentation of an individual award certificate and statuette from a recognized national award in Venezuela.
- Key Quotes or References: “The Petitioner claimed that the Director incorrectly determined he was not ‘officially credited’ for a nationally recognized award.”
Published Materials About the Petitioner:
- Summary of Findings: Materials published about the Petitioner were presented, supporting his recognition in the field.
- Key Quotes or References: Not explicitly quoted in the document.
Original Contributions of Major Significance:
- Summary of Findings: The Petitioner demonstrated significant contributions to the arts.
- Key Quotes or References: Not explicitly quoted in the document.
Membership in Associations:
- Summary of Findings: The Petitioner proved membership in associations that require outstanding achievements of their members.
- Key Quotes or References: Not explicitly quoted in the document.
Supporting Documentation
- Individual Award Certificate and Statuette: Documentation showing recognition at a national level in Venezuela.
- Published Articles: Articles and materials showcasing the Petitioner’s work and recognition.
- Association Memberships: Evidence of membership in notable associations in the field of arts.
Conclusion
Final Determination: The decision of the Director is withdrawn. The matter is remanded for the entry of a new decision.
Reasoning: The Director did not fully address the Petitioner’s motion to reopen or reconsider. The analysis was insufficient, and key arguments were not evaluated.
Next Steps: The Director must evaluate the Petitioner’s claims and new facts, addressing them comprehensively in the new decision.
