Date of Decision: May 29, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Musician specialized in “Jinghu” musical instrument
Field: Music
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
Published Materials: The Petitioner was featured in an article published in The China Press.
Criteria Not Met
Original Contributions of Major Significance: The letters provided praised the Petitioner’s skills but did not offer sufficient detail or corroborating documentation to demonstrate that the Petitioner’s work constitutes original contributions of major significance in the field.
Leading or Critical Role: The letters provided did not contain detailed information demonstrating that the Petitioner performed in a critical role for the organizations. Additionally, the Petitioner did not establish that the organizations have a distinguished reputation.
Artistic Exhibitions or Showcases: The Petitioner did not contest the Director’s determination that the evidence did not satisfy this criterion.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: No evidence provided.
Published Materials About the Petitioner:
Summary of findings: The Petitioner was featured in an article in The China Press, satisfying this criterion.
Original Contributions of Major Significance:
Summary of findings: The letters provided praised the Petitioner’s skills but did not offer sufficient detail or corroborating documentation to demonstrate contributions of major significance. The record does not show that the Petitioner’s compositions, arrangements, or performances have widely influenced others in the field or are highly renowned by recognized music critics.
Participation as a Judge:
Summary of findings: No evidence provided.
Membership in Associations:
Summary of findings: No evidence provided.
Authorship of Scholarly Articles:
Summary of findings: No evidence provided.
Leading or Critical Role Performed:
Summary of findings: The letters did not explain how the Petitioner’s roles were critical to the organizations’ success or standing. The Petitioner also did not provide sufficient evidence that the organizations have a distinguished reputation.
Artistic Exhibitions or Showcases:
Summary of findings: The Petitioner did not contest the Director’s determination that the evidence did not satisfy this criterion.
Evidence of High Salary or Remuneration:
Summary of findings: No evidence provided.
Commercial Successes in the Performing Arts:
Summary of findings: No evidence provided.
Supporting Documentation
Letters from Colleagues and Employers: Praised the Petitioner’s work but lacked sufficient detail to demonstrate major significance or critical roles.
Concert Programs: Showed the Petitioner as a featured performer but did not demonstrate contributions of major significance.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner met the published material criterion but did not establish that he meets the criteria for original contributions and leading or critical role. The Petitioner did not provide sufficient evidence to meet the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria. The record does not support a finding of the required acclaim and recognition for the classification sought.
Next Steps: The Petitioner must provide more substantial and specific evidence to meet the criteria for extraordinary ability classification.
