Date of Decision: May 3, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Musician
Field: Arts (Music)
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Participation as a Judge:
The petitioner served as an adjudicator at the 2007 [event name not specified]. - Artistic Exhibitions or Showcases:
The petitioner provided sufficient evidence of orchestral performances.
Criteria Not Met:
- Awards and Prizes:
The petitioner claimed to have received a prize at a competition in the Netherlands in 1981, but the provided jury reports did not name the petitioner or confirm his participation and award. - Published Materials About the Petitioner:
The petitioner submitted translations of press releases without the original foreign language documents and did not provide the required details like the author and date of publication. - Original Contributions of Major Significance:
The letters provided did not sufficiently establish that the petitioner’s contributions had major significance in the field of music as a whole. - Leading or Critical Role:
Evidence of the petitioner’s role was provided, but there was insufficient documentation to prove that the organization had a distinguished reputation. - Commercial Success:
The petitioner did not provide box office receipts or sales materials to demonstrate commercial success in the performing arts.
Key Points from the Decision
Awards and Prizes Won:
The jury reports from the 1981 competition in the Netherlands did not mention the petitioner or provide sufficient details about the award.
Published Materials About the Petitioner:
Translations of press releases were provided without the original texts, lacking the necessary details like the author and date of publication.
Original Contributions of Major Significance:
Reference letters failed to demonstrate how the petitioner’s contributions had a significant impact on the field of music.
Participation as a Judge:
The petitioner’s role as an adjudicator at the 2007 event was recognized.
Membership in Associations:
No relevant evidence provided or discussed.
Authorship of Scholarly Articles:
No relevant evidence provided or discussed.
Leading or Critical Role:
The petitioner’s role in an organization was discussed, but the distinguished reputation of the organization was not established.
Artistic Exhibitions or Showcases:
The petitioner’s orchestral performances met the criterion.
Evidence of High Salary or Remuneration:
No relevant evidence provided or discussed.
Commercial Successes in the Performing Arts:
The petitioner did not provide sufficient evidence of commercial success.
Supporting Documentation
- Jury Reports from 1981 Competition: Provided but did not name the petitioner.
- Press Releases: English translations without original texts and necessary details.
- Reference Letters: Provided but insufficient to establish major contributions.
- Letter from Regional Director: Confirmed petitioner’s role as a judge.
- Evidence of Performances: Documentation of orchestral performances.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not meet at least three of the required criteria, and the totality of the evidence did not demonstrate sustained national or international acclaim.
Next Steps:
The petitioner should consider providing more detailed and comprehensive evidence to support the criteria required for EB1 classification, focusing on documented achievements and recognized contributions to the field of music.
Download the Full Petition Review Here
