Date of Decision: December 23, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Opera Singer
Field: Arts
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
Artistic Exhibitions or Showcases
- The Petitioner has performed in various venues including the “National Opera Halls in Albania,” Dam Festival, Chopin Kosova’s Anniversary of Verdi Show, a recital concert at the National Theater of Kosovo, a charity concert at the Kosovo Philharmonics, a concert at the Dam Festival, and an Opera Showcase at Carnegie Hall.
Criteria Not Met
Lesser Nationally or Internationally Recognized Prizes or Awards
- The Petitioner provided evidence of various prizes and awards, but did not sufficiently demonstrate that these awards are nationally or internationally recognized for excellence in his field.
Published Material About the Petitioner
- The Petitioner submitted articles, but did not provide information about the publishers or websites to establish that the material is published in professional or major trade publications or other major media.
Leading or Critical Role for Distinguished Organizations
- The Petitioner performed at Carnegie Hall on a single occasion, which does not establish a leading or critical role for the organization as a whole.
Intention to Continue Working in the Area of Extraordinary Ability
- The Petitioner did not provide sufficient documentation to show his intent to continue working as an opera singer in the United States.
Key Points from the Decision
Awards and Prizes Won
- The Petitioner did not provide adequate evidence to establish the national or international recognition of the awards received.
Published Materials About the Petitioner
- The Petitioner did not meet the criterion as the submitted articles lacked information about the publishers or their significance.
Original Contributions of Major Significance
- Not applicable as the Petitioner did not assert meeting this criterion.
Participation as a Judge
- Not applicable as the Petitioner did not assert meeting this criterion.
Membership in Associations
- Not applicable as the Petitioner did not assert meeting this criterion.
Authorship of Scholarly Articles
- Not applicable as the Petitioner did not assert meeting this criterion.
Leading or Critical Role Performed
- The Petitioner’s performance at Carnegie Hall was a single event and does not establish a leading or critical role for the organization.
Artistic Exhibitions or Showcases
- The Petitioner met this criterion through various performances at recognized venues.
Evidence of High Salary or Remuneration
- Not applicable as the Petitioner did not assert meeting this criterion.
Commercial Successes in the Performing Arts
- Not applicable as the Petitioner did not assert meeting this criterion.
Supporting Documentation
- Performance Evidence: Various performances including at Carnegie Hall, National Theater of Kosovo, and other notable venues.
- Awards and Prizes Evidence: Documentation of awards received, but lacking in demonstrating national or international recognition.
- Published Articles: Submitted articles without sufficient information about the publishers.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not meet the initial evidentiary requirements or provide sufficient documentation to demonstrate extraordinary ability.
Next Steps: The Petitioner should consider gathering more robust evidence of nationally or internationally recognized achievements and documentation of intent to work in the United States.
