Date of Decision: March 26, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Musician
Field: Percussion and Latin American Music
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Judging the work of others:
The petitioner served as a member of the judging panel in three music competitions, satisfying this criterion.
Display of work at artistic exhibitions or showcases:
The petitioner performed live at festivals as a founding member of the band, demonstrating the display of work at artistic showcases.
Criteria Not Met:
Membership in associations that require outstanding achievements:
The petitioner did not provide sufficient evidence that his membership in the Latin Academy of Recording Arts and Sciences (LARAS) required outstanding achievements judged by recognized experts.
Published materials in major media:
The petitioner submitted articles from newspapers El Tiempo and El Norte. However, the evidence did not demonstrate that these publications qualify as major media in their market.
Leading or critical role for organizations with a distinguished reputation:
The petitioner did not establish that his roles as a musician for various artists, including his endorsement agreements and his involvement in the band, met the criterion of performing in a leading or critical role for organizations with a distinguished reputation.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not claim any major, internationally recognized awards, focusing instead on lesser-known recognitions and nominations.
Published Materials About the Petitioner:
The petitioner provided articles from regional newspapers, but these did not meet the standard for major media publications.
Original Contributions of Major Significance:
While the petitioner’s work was recognized and praised by peers and industry professionals, the evidence did not demonstrate the major significance of his contributions in the field.
Participation as a Judge:
The petitioner met this criterion by serving as a judge in music competitions.
Membership in Associations:
The petitioner was a voting member of LARAS, but the evidence did not show that this membership required outstanding achievements judged by recognized experts.
Authorship of scholarly articles:
Not applicable in this case.
Leading or critical role performed:
The petitioner held roles with various music groups and endorsements but did not establish these as leading or critical within distinguished organizations.
Artistic Exhibitions or Showcases:
The petitioner successfully demonstrated this criterion through live performances at recognized festivals.
Evidence of High Salary or Remuneration:
Not addressed in the document.
Commercial successes in the Performing Arts:
Not addressed in the document.
Supporting Documentation
Letters from professionals and industry experts
Articles from regional newspapers
Certificates and documentation of awards and nominations
Evidence of performances at festivals
Endorsement agreements with musical instrument manufacturers
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet at least three of the ten initial evidentiary criteria required for classification as an individual of extraordinary ability. The evidence provided was insufficient to demonstrate sustained national or international acclaim or major contributions in the field.
Next Steps: The petitioner may consider gathering more substantial and detailed evidence to support claims of extraordinary ability or explore other visa options that might be more suitable for his qualifications and achievements.
