Date of Decision: April 16, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Musician (Trumpet Player)
Field: Music
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded for further review and entry of a new decision
Evidentiary Criteria Analysis
Criteria Met:
Judging the Work of Others:
The Petitioner participated in the nomination process for the Latin Grammy awards as a voting member of the Latin Academy of Recording Arts & Sciences (LARAS).
He was also a member of a jury that evaluated brass section auditions for youth and pre-professional orchestras in Mexico and for the Symphony Orchestra.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards:
The Petitioner provided two “Silver Medal” certificates awarded by the Global Music Awards in 2018. However, the Director initially concluded that the awards were regional and did not submit sufficient evidence to show the awards are internationally recognized.
Membership in Organizations that Require Outstanding Achievements:
The Petitioner claimed eligibility under this criterion based on his voting membership in LARAS. However, the evidence provided did not establish that the membership requirements of LARAS are based on outstanding achievements.
Display of Work in Artistic Exhibitions or Showcases:
The Director’s decision appeared to misinterpret the evidence related to the Petitioner’s live performances and focused on his work as an arranger, which was not the basis for his claim under this criterion.
Leading or Critical Role for Organizations with Distinguished Reputation:
The Director did not adequately address the evidence related to the Petitioner’s role as a founding member of his ensemble, which has an international presence and recognition.
Key Points from the Decision
Judging the Work of Others:
Summary of Findings:
The Petitioner participated in evaluating and nominating for the Latin Grammy awards and served on juries for various orchestral auditions.
Key Quotes or References:
“The Petitioner provided evidence that he has participated in the nomination process for the Latin Grammy awards as a voting member of LARAS.”
Lesser Nationally or Internationally Recognized Prizes or Awards:
Summary of Findings:
The Director’s analysis did not fully consider the evidence submitted regarding the international scope and recognition of the Global Music Awards.
Key Quotes or References:
“The evidence submitted reflects that the Global Music Awards competition does not place geographic limitations on competitors and appears to be international in scope.”
Membership in Organizations that Require Outstanding Achievements:
Summary of Findings:
The evidence provided did not sufficiently establish that LARAS’s membership criteria are based on outstanding achievements.Key Quotes or References:
“The application review process is not sufficiently documented in the record.”
Display of Work in Artistic Exhibitions or Showcases:
Summary of Findings:
The Director’s decision did not adequately address the evidence related to the Petitioner’s live performances as a musician.
Key Quotes or References:
“The Director should evaluate the evidence related to the Petitioner’s live performances as a musician.”
Leading or Critical Role for Organizations with Distinguished Reputation:
Summary of Findings:
The Director did not reach a conclusion regarding the Petitioner’s role with his ensemble and its international reputation.
Key Quotes or References:
“The decision does not appear to reach any conclusion with respect to his role with [the ensemble].”
Supporting Documentation
Global Music Awards Certificates:
Silver Medal certificates awarded to the Petitioner and his ensemble.
LARAS Membership Documentation:
Evidence of the Petitioner’s voting membership in LARAS.
Promotional Materials and Media Articles:
Materials related to the Petitioner’s live performances and recordings.
Reference Letters:
Letters from colleagues and industry professionals attesting to the Petitioner’s contributions and roles.
Conclusion
Final Determination: The decision of the Director is withdrawn. The matter is remanded for the entry of a new decision consistent with the analysis provided.
Reasoning:
The Director’s decision did not fully address the evidence related to the lesser awards, display, and leading or critical roles criteria.
The Petitioner should be given a fair opportunity to contest the decision and provide additional evidence as necessary.
Next Steps:
The Director should evaluate the additional evidence related to the lesser awards, display of work, and leading or critical roles criteria.
If the Petitioner satisfies at least two additional criteria beyond the one already met, the Director should conduct a final merits determination evaluating whether the Petitioner has demonstrated sustained national or international acclaim and is among the top individuals in his field.
