Date of Decision: MAY 26, 2022
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: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Published material: The petitioner provided an article published on Billboard.com discussing the petitioner and his music, confirming Billboard as a major trade publication.
Artistic exhibitions: Evidence of performances at various events and venues, including the Music and Arts Festival in Florida, showcasing the petitioner’s work at artistic exhibitions.
Criteria Not Met:
Nationally or internationally recognized prizes or awards: The petitioner claimed recognition from a summer class and collaboration with a renowned artist, but these did not qualify as nationally or internationally recognized prizes or awards.
Original contributions of major significance: While the petitioner’s music was original, it was not demonstrated to have had a significant impact on the field.
Leading or critical role: The petitioner’s role in certain projects did not establish that he performed in a leading or critical role for organizations with a distinguished reputation.
Key Points from the Decision
Awards and Prizes Won:
- Summary of findings: The petitioner’s summer class completion and musical collaboration were not deemed to meet the criterion for nationally or internationally recognized prizes.
Published Materials About the Petitioner:
- Summary of findings: Billboard.com published an article about the petitioner, which is considered a major media outlet.
Original Contributions of Major Significance:
- Summary of findings: The petitioner’s music was unique but did not demonstrate a significant impact on the field as required.
Participation as a Judge:
- Not applicable
Membership in Associations:
- Not applicable
Authorship of Scholarly Articles:
- Not applicable
Leading or Critical Role Performed:
- Summary of findings: The petitioner’s involvement in projects did not establish a leading or critical role in distinguished organizations.
Artistic Exhibitions or Showcases:
- Summary of findings: The petitioner’s performances at various events were acknowledged but did not meet the required level of significance.
Evidence of High Salary or Remuneration:
- Not applicable
Commercial Successes in the Performing Arts:
- Not applicable
Supporting Documentation
- Billboard.com Article: Discusses the petitioner’s music and achievements.
- Performance Evidence: Documents showing performances at various events and venues.
Conclusion
Final Determination: Appeal dismissed
Reasoning: The petitioner did not meet the required initial evidence of either a one-time achievement or at least three of the ten criteria listed. The petitioner’s recognition and achievements were not sufficient to demonstrate sustained national or international acclaim or that he is among the small percentage at the top of his field.
Next Steps: The petitioner may consider gathering additional evidence or re-evaluating the documentation to support his claim more effectively.
Download the Full Petition Review Here
Cite as Matter of G-M-, ID# 20259190
Document: MAY262022_03B2203
